Chapter 110. AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR NINETEEN HUNDRED AND NINETY-FOUR FOR THE MAINTENANCE OF THE DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS AND CERTAIN ACTTVTnES OF THE COMMONWEALTH, FOR INTEREST, SINKING FUND AND SERIAL BOND REQUIREMENTS AND FOR CERTAIN PERMANENT IMPROVEMENTS. Be it enacted, etc., as follows: SECTION 1. To provide for the maintenance of the several departments, boards, commissions and institutions, other services, and for certain permanent improvements, and to meet certain requirements of law, the sums set forth as state appropriation(s) in sections two, two B, and two C for the several purposes and subject to the conditions specified in said sections two, two B, two C and three are hereby appropriated from the General Fund unless specifically designated otherwise, subject to the provisions of law regulating the disbursement of public funds and the approval thereof, for the fiscal year ending June thirtieth, nineteen hundred and ninety-four. The sums set forth as federal appropriation(s) in sections two for the several purposes and subject to the conditions specified in said sections two are hereby appropriated from the General Federal Grants Fund, subject to the provisions of law regulating the disbursement of public funds and the approval thereof. Federal funds received in excess of the amount appropriated in this section shall be expended only in accordance with the provisions of section six B of chapter twenty-nine of the General Laws. The amounts of any unexpended balances of federal grant funds received prior to June thirtieth, nineteen hundred ninety-three, and not included as part of an appropriation item in section two, are hereby made available for expenditure during fiscal year nineteen hundred ninety-four, in additional to any amount appropriated in section two. For each item of appropriation in section two of this act that includes a limitation on personnel, said limitation shall mean the number of full-time equivalent positions that said appropriation is funded to support. No department, commission, agency or institution which is authorized by section two to retain and expend specified amounts of certain revenue for particular purposes may expend any amount of such retained revenue for the compensation of employees unless said section two specifically provides otherwise. SECTION 1 A. In accordance with Articles LXIII and CVII of the Articles of Amendment to the constitution and section six D of chapter twenty-nine of the General Laws, it is hereby declared that the amounts of revenue set forth in this section by source for the respective funds of the commonwealth for the fiscal year ending June thirtieth, nineteen hundred and ninety-four are necessary and sufficient to provide the means to defray the appropriations and expenditures from such funds for such fiscal year as set forth and authorized in sections two and two C. The comptroller is hereby authorized and directed to keep a distinct account of actual receipts from each such source by each such fund, to furnish the executive office of administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with the projected re- Chap. 110 ceipts set forth herein, and to include a full statement comparing such actual and projected receipts in the annual report for such fiscal year pursuant to section thirteen of chapter seven A of the General Laws; provided, such quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section. FY 1994 Revenue by Source and Budgetary Fund (In Millions) All General Highway Local Aid Other Source Funds Fund Fund Fund Funds Alcoholic Beverages 63.0 63.0 - - - Commercial Banks 118.0 118.0 - - - Savings Institutions 98.0 98.0 - - - Cigarette 237.0 112.0 - - 125.0 Corporations 690.0 414.0 - 276.0 - Deeds 39.0 39.0 - - - Estate/Inheritance 268.0 268.0 - - - Income 5,755.1 3,181.0 - 2,302.0 272.1 Insurance 290.2 290.2 - - - Motor Fuels 555.0 83.2 464.0 - 7.8 Utilities 65.0 65.0 - - - Room Occupancy 60.9 39.6 - - 21.3 Sales & Use: Regular 1,485.0 891.0 - 594.0 - Sales & Use: Services 115.0 69.0 - 46.0 - Sales & Use: Meals 330.0 198.0 - 132.0 - Sales & Use: Motor Vehicle 330.0 198.0 - 132.0 - Miscellaneous Department 0.8 0.8 - - - Racing 28.0 28.0 - - - Beano 4.5 4.5 - - - Raffles/Bazaar 1.5 1.5 - . . Division of Insurance 6.0 6.0 - - - Total Consensus Taxes 10,540.0 6,167.8 464.0 3,482.0 426.2 Amnesty Program 20.0 12.0 - 8.0 - Total Taxes 10,560.0 6,179.8 464.0 3,490.0 426.2 Federal Reimbursements 2,922.5 2,913.9 4.7 0.2 3.7 Departmental Revenue 1,341.4 894.2 333.4 24.0 89.7 Transfers & Other Receipts 623.9 90.8 11.0 531.0 (8.8) Total for Budget 15,447.8 10,078.6 813.1 4,045.2 510.9 Chap. 110 SECTION IB. The comptroller is hereby authorized and directed to keep a distinct account of actual receipts of non-tax revenues to furnish the executive office of administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with projected receipts set forth herein, and to include a full statement comparing such receipts with the projected receipts in the annual report for such fiscal year pursuant to section thirteen of chapter seven A of the General Laws; provided, such quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section. Non-tax Revenue Executive Office Summary FY 1994 FY 1994 FY 1994 Unrestricted Restricted Total Source Non-Tax Non-Tax Non-Tax Judiciary 55,488,385 5,000 55,493,385 District Attorneys 7,190 25,000 32,190 Executive 2,500 - 2,500 Secretary of State 31,238,200 - 31,238,200 Treasurer and Receiver General 495,503,777 329,000,000 824,503,777 State Auditor 200 - 200 Attorney General 6,125,103 - 6,125,103 State Ethics Commission 32,915 - 32,915 Inspector General 565 - 565 Office of Campaign and Political Finance 18,000 - 18,000 State Comptroller 21,002,000 - 21,002,000 Administration and Finance 232,873,522 12,428,041 245,301,563 Environmental Affairs 69,296,773 1,000,000 70,296,773 Communities and Development 29,020,000 450,000 29,470,000 Health and Human Services 2,718,533,954 258,251,939 2,976,785,893 Transportation and Construction 7,416,159 28,349 7,444,508 Board of Library Commissioners 7,109 - 7,109 Education 156,131,071 100,000 156,231,071 Economic Affairs 1,690,047 - 1,690,047 Public Safety 354,181,978 21,733,768 375,915,746 Elder Affairs - - - Consumer Affairs 68,373,918 250,000 68,623,918 Labor 17,074,367 - 17,074,367 Legislature 483,618 - 483,618 Total 4,264,501,351 623,272,097 4,887,773,448 Chap. 110 SECTION 1C. For the fiscal year ending June thirtieth, nineteen hundred and ninety-four, the chief operating officer of each department, board, agency, commission and institution for which funds are appropriated and performance measures are established in sections two of this act shall file with the house and senate committees on ways and means reports on said performance measures. Said reports shall be filed quarterly within thirty days of the end of each fiscal quarter, unless required to be filed otherwise. Said reports shall include, but not be limited to, the statistical measures or other indicators of performance found under the column labeled "expected outputs" in said section two. The term "TBR" as used in said column shall mean "to be reported" and shall represent instances when 1) insufficient or unreliable information was available to establish a numerical or statistical performance measure; 2) the output to be reported involves more complex information than can be readily summarized by a single number or statistic; or 3) when the output to be reported consists of a plan, study, analysis, or other singular nonrecurring expected output. Where a date is used as an expected output, the information to be reported or the action to be accomplished shall be reported or accomplished by said report date and notification shall be provided to said committees. Where a number or percentage is used as an expected output, said number or percentage shall, to the maximum feasible extent, be accompanied by an explanation of any qualifying conditions that limit or define the interpretation of each such number or percentage. The numerator and denominator used in the calculation of each such percentage shall be included in each such report. The mission statements, performance measures and expected outputs for each program established in section two shall not be construed as giving rise to enforceable legal rights in any party, but are strictly intended to serve as internal management tools for gauging the achievement of program objectives. SECTION 2 JUDICIARY Supreme Judicial Court Notwithstanding the provisions of section one to the contrary, items 0300-0000 to 0339-2 J 00 are charged as follows: General Fund................................... 20.0% Local Aid Fund................................. 80.0% 0320-0001 For the salaries, traveling allowances, and expenses of the chief justice and the six associate justices; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six Chap. 110 hundred thirty-eight thousand seven hundred and nineteen dollars ...........................................660,719 0320-0003 For the salaries and expenses of the supreme judicial court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million, five hundred and nine thousand eight hundred and thirty-five dollars, including not more than fifty-seven positions................................. 3,463,567 0320-0010 For the salaries and expenses of the clerk of the supreme judicial court for Suffolk county; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred and seventy-one thousand four hundred and sixty-five dollars, including not more than fifteen positions..................627,964 0321-0001 For the expenses of the commission on judicial conduct pro gram; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred sixty-five thousand five hundred seventy eight dollars, including not more than four positions..........................................221,076 0321-0100 For the service of the board of bar examiners; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred ninety-two thousand six hundred sixty-seven dollars, including not more than eight positions.............606,425 Committee for Public Counsel Services 0321-1500 For the salaries and expenses of the committee for public counsel services program, as authorized by chapter two hundred and eleven D of the General Laws, including expenses for an audit and oversight unit; provided, that during fiscal year nineteen hundred and ninety-four, no new leases or lease extensions may be signed in which the rental rate increases from the existing rate; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted pro- Chap. 110 viders paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eight million nine hundred thirteen thousand three hundred ninety two dollars, including not more than two hundred and fifty positions . . . 11,856,569 0321-1510 For the compensation of private counsel assigned to criminal cases under the provisions of subsection (b), section six of chapter two hundred eleven D of the General Laws, pursuant to section twelve of said chapter two hundred eleven D of the General Laws; provided, that the amount appropriated herein shall be expended for services rendered in fiscal year nineteen hundred and ninety-four only; provided, that the chief counsel may transfer funds to item 0321-1512 as necessary, pursuant to schedules submitted to the house and senate ways and means committees thirty days prior to any such transfer................................. 25,599,343 0321-1512 For the compensation of private counsel assigned to family and mental health legal services under the provisions of subsection (b), section six of chapter two hundred eleven D of the General Laws, pursuant to section twelve of said chapter two hundred eleven D of the General Laws; provided, that the amount appropriated herein shall be expended for services rendered in fiscal year nineteen hundred and ninety-four only; provided further, that the chief counsel may transfer funds to item 0321-1510 as necessary, pursuant to schedules submitted to the house and senate ways and means committees thirty days prior to any such transfer.................................... 10,456,070 0321-1520 For the fees and costs, as defined in section twenty-seven A of chapter two hundred and sixty-one of the General Laws, as ordered by a justice of the appeals court or a justice of a department of the trial court of the commonwealth on be- Chap. 110 half of indigent persons, as defined in said section twenty-seven A of said chapter two hundred and sixty-one; provided, that the amount appropriated herein shall be expended for services rendered in fiscal year nineteen hun- red and ninety-four only.......................... 0321-1530 Notwithstanding the provisions of chapter two hundred eleven D, or any general or special law to the contrary, the committee for public counsel services may accept and disburse royalty income from contracts entered into during current and prior fiscal years, up to a maximum of five thousand dollars................................ Massachusetts Legal Assistance Corporation 0321-1600 For the Massachusetts legal assistance corporation to provide legal representation for indigent or otherwise disadvantaged residents of the commonwealth, including the disability benefits project, the Medicare advocacy project, and the battered women's legal assistance project; provided, that not less than one hundred fifty thousand dollars may be expended for a battered women's legal assistance project; provided further, that the first paragraph of section nine of chapter two hundred twenty-one A of the General Laws shall not apply to these programs; and provided further, that said corporation may contract with any organization for the purpose of providing said representation................ 1,710,073 Mental Health Legal Advisors Committee 0321-2000 For the expenses of the mental health legal advisors committee, and for certain programs for the indigent mentally ill, as provided in section thirty-four E of chapter two hundred twenty-one of the General Laws; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred and ninety thousand dollars, including not more than seven positions ............................................260,204 2,405,466 . . . 5,000 Chap. 110 Massachusetts Correctional Legal Services 0321-2100 For the Massachusetts correctional legal services committee.....336,719 Social Law Library 0321-2205 For the expenses of the social law library located in Suffolk county; provided, that not less than one hundred ninety-two thousand dollars be made available for computerized legal research ...........................................880,800 APPEALS COURT 0322-0100 For the salaries and expenses of the appeals court, including the salaries, traveling allowances and expenses of the chief justice and the thirteen associate justices; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three million six hundred ninety-nine thousand two hundred dollars, including not more than seventy-eight positions .... 4,134,541 TRIAL COURT 0330-0100 For the trial court judges program; provided, that notwithstanding this item, the justices of the trial court shall continue their commission of appointment to a specific division within a department or to a department according to the terms of said commissions; and provided further, that nothing herein shall be construed to limit the authority of the chief justice of administration and management as enumerated in chapter two hundred and eleven B of the General Laws; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed twenty-four million two hundred thirteen thousand nine hundred and two dollars, including not more than two hundred and ninety-nine positions..... 24,713,750 Chap. 110 0330-0300 For the office of the chief justice of administration and management; provided, that the Chief Justice of Administration and Management prior to June thirtieth, nineteen hundred and ninety-four shall conduct a study of the need and feasibility of establishing a third district court of Barnstable to be held at Falmouth to serve the communities of Bourne, Sandwich, Falmouth and Mashpee; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the pur-poses of the programs funded herein shall not exceed three million seven hundred sixty-four thousand and fifty-five dollars, including not more than ninety positions ................. 3,876,967 0330-0400 For the non-employee services, including services performed by private individuals and contracted services performed by agencies for the individual court divisions of the trial court to be expended as determined by the chief justice of administration and management........................... 9,500,000 0330-0600 For dental and optical health plan trust agreements.......... 1,630,362 0330-1000 For trial court jury expenses ........................... 3,068,052 0330-2000 For the law libraries; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs fiinded herein shall not exceed one million two hundred twenty-eight thousand six hundred thirty-one dollars, including not more than thirty-two positions ....................... 3,133,790 0330-2010 For expenses related to computerized legal research...........175,364 0330-2020 For centralized law book purchases........................415,318 0330-2200 For the rental of court facilities, in accordance with section four of chapter twenty-nine A of the General Laws; provided, that all payments made hereunder shall be pursuant to written leases; provided further, that quarterly payments shall be made to counties equal to an amount which is at least ninety percent of the amount owed to such county for such rent per quarter of the preceding fiscal year, subject to reconciliation based on accurate cost data in the fourth quarter or in the succeeding fiscal year; provided further, that payments to any county which fails to submit required cost data by the beginning of the third quarter of the fiscal year, shall be withheld until such data is submitted to the chief administrative justice of the trial court and approved Chap. 110 as accurate; provided further, that such cost data shall be also filed with the house and senate committees on ways and means; provided further, that every county which receives funds under this item shall maintain such funds in a separate account which shall be used solely for the maintenance of the rented facilities; provided further, that all rents paid to the counties shall be expended for courthouse maintenance costs in each county; and provided further, that each county advisory board, upon receipt of the proposed budget by the county commissioners, shall have final approval of all expenditures under this item .............. 22,821,450 0330-2205 For the maintenance and operation of courthouse facilities for courthouses owned by the commonwealth; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six million six hundred seventy-three thousand eight hundred twenty-nine dollars, including not more than two hundred and thirty-six positions............................. 9,720,472 0330-2300 For the cost of witness fees..............................600,073 0330-2600 For the travel expenses of judicial personnel; provided, that the chief justice of administration and management of the trial court shall promulgate rules and regulations for the criteria governing the selection of justices for travel outside of the state for the purpose of judicial training; and provided further, that such rules and regulations shall provide criteria so that newly appointed justices shall be given first priority for such training..............................800,531 0330-2700 For printing expenses ................................ 1,425,485 0330-2800 For the cost of equipment repairs ....................... 2,810,144 0330-3000 For equipment purchases and rentals; provided, that said purchases and rentals may be allocated by the chief justice of administration and management; provided further, that in purchasing said equipment, the chief justice of administration and management shall utilize the approved vendor determined by the state purchasing agent for such equipment whenever the terms offered by said vendor are more favorable than those otherwise available..................500,000 Chap. 110 0330-3200 For salaries and expenses of court officers; provided, that any court officer scheduled to work nineteen hundred and fifty hours, or more, in fiscal year nineteen hundred and ninety-two shall be considered a full-time court officer for fiscal year nineteen hundred and ninety-four; and provided further, that all other per diem court officers shall be paid the daily rate in accordance with collective bargaining agreements; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed fourteen million nine hundred six thousand nine hundred ten dollars, including not more than three hundred and eighty positions ........................... 15,153,777 0330-3201 For the trial court security program including personnel and expenses, provided that the chief justice of administration and management shall notify the house and senate commit tees on ways and means of all assignments and allocations . . 1,600,000 0330-3300 For the expenses of the trial court, including the payment of office, administrative, special, and maintenance and repair expenses in the trial court, to be allocated by the chief justice of administration and management, provided further, that §100,000 be appropriated for expenses to establish and maintain an indigency screening unit (I.S.U.) in not more than three courts to evaluate and verify the assets, income and expenses of any individual asserting his indigency and requesting the appointment of counsel, in accordance with the rules of the supreme judicial court; provided, that said unit shall conduct pre- and post-appointment reviews of indigency to ensure the veracity and accuracy of the information provided to the unit, and shall promptly report to the court its determination as to indigency; and provided further, that said unit shall on or before May 31, 1994, submit to the house and senate committees on ways and means a report which evaluates the cost effectiveness of the unit......682,620 0330-3700 For the court interpreters program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred seventy-one thousand nine hundred ninety-nine dollars, including not more than two positions...........................182,813 Chap. 110 0330-4100 For salaries of individuals filling vacancies in the trial court; provided, that the chief justice for administration and management is hereby authorized and directed to expend funds from this item for employees salaries of individuals hired or approved for employment on or before July first, nineteen hundred and ninety-three; and provided further, that the comptroller is hereby authorized and directed to transfer funds from this item to other items of appropriation as appropriate and to adjust corresponding AA expenditure and personnel caps as appropriate and shall submit to the house and senate committees on ways and means a report detailing all such transfers and adjustments by September fifteenth, nineteen hundred and ninety-three............. 0330-4200 For a reserve for the salaries and expenses of the trial court to be allocated by the chief justice of administration and management; provided, that the chief justice of administration and management shall report quarterly expenditures from this item to the house and senate committees on ways and means; provided further, that up to five hundred thousand dollars of this item may be transferred from this item to item 0337-0003 for the purpose of implementing a statewide juvenile court; and provided further, that the chief justice of administration and management shall report such transfers to the house and senate committees on ways and means no less than fourteen days previous to the transfer . Superior Court Department 0331-0100 For the administrative office of the superior court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three million six hundred thirty-three thousand nine hundred and ninety-four dollars, including not more than one hundred and three positions...... ......................... 3,712,583 0331-0300 For the expenses of the medical malpractice tribunals established in accordance with the provisions of section sixty B of chapter two hundred and thirty-one of the General Laws..........................................71,223 4,068,905 2,140,000 Chap. 110 0331-0600 For superior court probation services; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six million eight hundred thirty-three thousand three hundred nine dollars, including not more than one hundred and eighty positions . . . 6,988,672 0331-2100 For the Barnstable superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred four thousand four hundred and one dollars, including not more than twelve positions ................................433,656 0331-2200 For the Berkshire superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred sixty-two thousand eight hundred thirty-six dollars, including not more than four positions..............................177,373 Chap. 110 0331-2300 For the Bristol superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred twenty-seven thousand four hundred nine dollars, including not more than twenty-one positions.............................780,584 0331-2400 For the Dukes superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed ninety-one thousand three hundred eight dollars, including not more than two positions..........94,427 0331-2500 For the Essex superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have au- Chap. 110 thority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million one hundred thirty-five thousand five hundred thirty-two dollars, including not more than thirty-five positions ....................... 1,225,433 0331-2600 For the Franklin superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred twenty-nine thousand five hundred thirty-nine dollars, including not more than six positions..........................................241,100 0331-2700 For the Hampden superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the Chap. 110 programs funded herein shall not exceed nine hundred nineteen thousand four hundred eight dollars, including not more than twenty-five positions ........................946,788 0331-2800 For the Hampshire superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court atnd shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred sixty-six thousand two hundred forty-six dollars, including not more than seven positions.............................284,115 0331-2900 For the Middlesex superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million four hundred forty-four thousand eight hundred sixty-five dollars, including not more than seventy-six positions............ 2,585,475 Chap. 110 0331-3000 For the Nantucket superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eighty-seven thousand two hundred twenty-seven dollars, including not more than two positions ...................................92,720 0331-3100 For the Norfolk superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eight hundred ninety-five thousand six hundred twenty-one dollars, including not more than twenty-seven positions.......................932,630 0331-3200 For the Plymouth superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall Chap. 110 have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred seventy thousand fifty-three dollars, including not more than twenty-two positions ............................... 799,375 0331-3300 For the Suffolk superior civil court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million five hundred thirteen thousand three hundred four dollars, including not more than ninety positions ....................... 2,585,143 0331-3400 For the Suffolk superior criminal court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court; shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; provided further, that no less than sixty-five thousand dollars shall be expended on said clerk's Chap. 110 duties as clerk of the appellate division for the superior court for the commonwealth; and provided further, that no less than forty-six thousand dollars shall be expended for the purpose of holding the unified session for sexually dangerous persons, pursuant to section nine of chapter one hundred and twenty-three A of the General Laws; and provided further, that not less than two hundred thousand dollars shall be expended for a pilot program in the county of Suffolk for the purpose of assigning persons on probation to perform community work service including the development of a record keeping and recording system; provided further, that the administration of said pilot program shall be subject to the approval of the chief justice of administration and management; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million five hundred thirteen thousand nine hundred twenty-one, includ- > ing not more than forty-six positions................... 1,540,546 0331-3500 For the Worcester superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; and as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million fifty-three thousand eight hundred forty-nine dollars, including not more than thirty-one positions ....................... 1,089,466 Chap. 110 DISTRICT COURT DEPARTMENT 0332-0100 For the administrative office of the district court department; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million one hundred three thousand one hundred fifty-three dollars, including not more than twenty-six positions......................................... 1,195,585 0332-1100 For the first district court of Barnstable; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million five hundred six thousand three hundred twenty-seven dollars, including not more than forty-five positions.......... 1,573,759 0332-1200 For the second district court of Barnstable (Orleans); provided, that expenditures made from the AA subsidiary, so-called, of tliis item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred forty-eight thousand three hundred ninety-six dollars, including not more than twenty-two positions......786,103 0332-1300 For the district court of northern Berkshire (Adams, North Adams, Williamstown); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred ninety-nine thousand eight hundred seventy-eight dollars, including not more than thirteen positions...........................527,892 0332-1400 For the district court of central Berkshire (Pittsfield); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eight hundred one thousand three hundred eighty-four dollars, including not more than twenty-four positions..........837,516 0332-1500 For the district court of southern Berkshire (Great Barrington, Lee); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred sixty-three thousand seven hundred seventy-seven dollars, including not more than nine positions......................................384,337 Chap. 110 0332-1600 For the first district court of Bristol (Taunton); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred ninety-three thousand five hundred twenty-four dollars, including not more than twenty-six positions ........846,629 0332-1700 For the second district court of Bristol (Fall River); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million six hundred thirty-two thousand four hundred ninety-nine dollars, including not more than forty-nine positions .......................................... 1,728,820 03 3 2-1800 For the third district court of Bristol (New Bedford); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million six hundred six thousand four hundred forty-six dollars, including not more than fifty-one positions .. ........ 1,718,954 0332-1900 For the fourth district court of Bristol (Attleboro); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred forty thousand seventy-eight dollars, including not more than twenty-two positions........................785,087 0332-2000 For the district court of Edgartown; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred ninety-three thousand eight hundred thirty-four dollars, including not more than eight positions....................308,455 0332-2100 For the first district court of Essex (Salem); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million three hundred forty-three thousand eight hundred forty-six dollars, including not more than forty positions........... 1,420,301 0332-2300 For the third district court of Essex (Ipswich); provided, that expenditures made from the AA subsidiary, so-called, of Chap. 110 this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred sixty-eight thousand seven hundred ninety-nine dollars, including not more than five positions..............180,268 0332-2400 For the central district court of northern Essex (Haverhill); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million one hundred thirty thousand eight hundred thirty-seven dollars, including not more than thirty positions........................................ 1,180,918 0332-2500 For the district court of eastern Essex (Gloucester); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six hundred thirty-seven thousand four hundred thirty dollars, including not more than seventeen position................667,5 0t> 0332-2600 For the district court of Lawrence; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million eight hundred ninety-two thousand six hundred two dollars, including not more than fifty-seven positions.............. 1,995,375 0332-2700 For the district court of southern Essex (Lynn); provided, that expenditures made from the AA subsidiary, so-called, of this item, for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million five hundred ninety-nine thousand one hundred ninety dollars, including not more than forty-nine positions ........................................... 1,688,905 0332-2800 For the district court of Newburyport; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed nine hundred fifty-two thousand nine hundred forty-seven dollars, including not more than twenty-seven positions....................998,183 0332-2900 For the district court of Peabody; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eight hundred eighty thousand three hundred eleven dollars, including not more Chap. 110 than twenty-five positions.............................942,744 0332-3000 For the district court of Greenfield; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred thousand sixty-six dollars, including not more than twenty-one positions ......................................731,949 0332-3100 For the district court of Orange; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred two thousand twenty-six dollars, including not more than seven positions..........................................218,154 0332-3200 For the district court of Chicopee; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred twenty-nine thousand nine hundred sixty-three dollars, including not more than twenty positions....................758,491 0332-3300 For the district court of Holyoke; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred seven thousand five hundred ninety-six dollars, including not more than twenty-one positions ........................736,109 0332-3400 For the district court of eastern Hampden (Palmer); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred forty seven thousand eight hundred twenty-six dollars, including not more than fourteen positions ............578,021 0332-3500 For the district court of Springfield; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million nine hundred sixty-eight thousand five hundred forty-one dollars, including not more than eighty-four positions ........ 3,071,199 0332-3600 For the district court of western Hampden (Westfield); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with Chap. 110 the purposes of the programs funded herein shall not exceed five hundred twenty thousand two hundred three dollars, including not more than seventeen positions ................559,896 0332-3700 For the district court of Hampshire (Northampton); provided, that of the amount appropriated herein, fifty thousand dollars shall be expended for an alternative probation program "Honor Court", so called; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million two hundred fifty-nine thousand eighty-five dollars, including not more than thirty-five positions............................ 1,360,275 0332-3800 For the district court of eastern Hampshire (Ware); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred fifty-two thousand one hundred eighty-four dollars, including not more than ten positions ................374,381 0332-3900 For the district court of Lowell; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million four hundred twenty thousand eleven dollars, including not more than seventy position .............................. 2,504,681 0332-4000 For the district court of Somerville; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million five hundred seventy-five thousand eight hundred eighty-nine dollars, including not more than forty-four positions....... 1,644,588 0332-4100 For the district court of Newton component of the district court program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred seventy-six thousand one hundred ten dollars, including not more than seventeen positions..........................................611,789 0332-4200 For the district court of Marlborough; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the Chap. 110 programs funded herein shall not exceed six hundred seventy-seven thousand six hundred thirteen dollars, including not more than twenty positions......................732,245 0332-4300 For the district court of Natick; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six hundred thirty-eight thousand five hundred ten dollars, including not more than seventeen positions..............................681,382 0332-4400 For the district court of eastern Middlesex (Maiden); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million nine hundred twenty-eight thousand two hundred eighty-three dollars, including not more than fifty-two positions....................................... 1,989,197 0332-4500 For the second district court of eastern Middlesex (Waltham); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million one hundred seventy-five thousand five hundred thirty-seven dollars, including not more than thirty-three positions ................................... 1,234,561 0332-4600 For the third district court of eastern Middlesex (Cambridge); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million seven hundred eighty-eight thousand three hundred forty-one dollars, including not more than seventy-nine positions.............................. 2,854,388 0332-4700 For the fourth district court of eastern Middlesex (Woburn); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million three hundred eighty thousand six hundred thirty-nine dollars, including not more than forty-one positions........................................ 1,455,096 0332-4800 For the first district court of northern Middlesex (Ayer); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not Chap. 110 exceed eight hundred twenty-one thousand eight hundred fifty dollars, including not more than twenty-four positions . . . 867,008 0332-4900 For the first district court of southern Middlesex (Framing-ham);provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million six hundred sixty-eight thousand two hundred eighteen dollars, including not more than forty-five positions................................ 1,752,964 0332-5000 For the district court of central Middlesex (Concord); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eight hundred fourteen thousand seven hundred sixty-eight dollars, including not more than twenty-five positions .......860,776 0332-5100 For the district court of Nantucket; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred sixty-six thousand fifty-two dollars, including not more than four positions..........................................180,638 0332-5200 For the district court of northern Norfolk (Dedham); provided, ed that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million four hundred thirty-five thousand seven hundred eighteen dollars, including not more than forty-one positions........................................ 1,490,766 0332-5300 For the district court of eastern Norfolk (Quincy); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million nine hundred sixty-eight thousand seven hundred ninety-nine dollars, including not more than one hundred and three positions................................ 3,049,924 0332-5400 For the district court of western Norfolk (Wrentham); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million thirty-three thousand six hundred ninety-four dollars, including not more than twenty-six positions...... 1,070,828 Chap. 110 0332-5500 For the district court of southern Norfolk (Stoughton); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million one hundred thirty-one thousand one hundred fifty dollars, including not more than thirty-four positions .. . 1,170,441 0332-5600 For the municipal court of Brookline; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six hundred seventy-five thousand six hundred sixty-four dollars, including not more than seventeen positions ................713,694 0332-5700 For the district court of Brockton; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million two hundred thirty-nine thousand five hundred forty-five dollars, including not more than sixty-two positions ............. 2,351,357 0332-5800 For the second district court of Plymouth (Hingham); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million two hundred twenty-one thousand one hundred fifty-two dollars, including not more than thirty-six positions ............................................ 1,284,098 0332-5900 For the third district court of Plymouth (Plymouth); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million two hundred forty thousand two hundred seventy-nine dollars, including not more than thirty-seven positions .. 1,291,599 0332-6000 For the fourth district court of Plymouth (Wareham); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million ninety-eight thousand ninety-eight dollars, including not more than thirty-six positions............... 1,163,166 0332-6100 For the district courts of Brighton component of the district court program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded Chap. 110 herein shall not exceed eight hundred two thousand seven hundred forty-four dollars, including not more than twenty-three positions ............................... .....850,572 0332-6200 For the district court of Charlestown; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six hundred sixty-eight thousand nine hundred fifty-one dollars, including not more than eighteen positions...........................709,567 0332-6300 For the district court of Chelsea; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million five hundred thirty-seven thousand seven hundred thirty-one dollars, including not more than forty-two positions ......... 1,605,306 0332-6400 For the district court of Dorchester; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three million five hundred forty-five thousand nine hundred twenty-four dollars, including not more than one hundred and four positions ........................................... 3,712,355 0332-6500 For the district court of East Boston; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million one hundred thirty-five thousand eight hundred twenty dollars, including not more than thirty-four positions............. 1,173,499 0332-6600 For the district court of Roxbury; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three million two hundred twenty-five thousand four hundred eighty-nine dol- ars, including not more than ninety-three positions........ 3,368,580 0332-6700 For the district court of South Boston; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred sixty-four thousand five hundred seventy dollars, including not more than twenty positions.........................802,383 Chap. 110 0332-6800 For the district court of West Roxbury; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million five hundred ninety-three thousand nine hundred twenty-two dollars, including not more than fifty-two positions........ 1,661,218 0332-6900 For the central district court of Worcester; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million seven hundred twenty-two thousand eight hundred sixty-eight dollars, including not more than eighty-four positions . 2,811,239 0332-7000 For the district court of Fitchburg; provided, that no less than one hundred thousand dollars be made available for the repair of the Fitchburg district court facility; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eight hundred twenty-one thousand thirty-eight dollars, including not more than twenty-one positions ..................874,956 0332-7100 For the district court of Leominster; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred thirteen thousand seven hundred twenty-six dollars, including not more than twelve positions.........................448,441 0332-7200 For the district court of Winchendon; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eighty-six thousand six hundred seven dollars, including not more than two positions...........................................94,877 0332-7300 For the first district court of northern Worcester (Gardner); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six hundred thirty-four thousand nine hundred ninety dollars, including not more than eighteen positions........661,926 0332-7400 For the first district court of eastern Worcester (Westborough); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated Chap. 110 with the purposes of the programs funded herein shall not exceed six hundred twenty-six thousand five hundred forty-nine dollars, including not more than twenty positions........674,829 0332-7500 For the second district court of eastern Worcester (Clinton); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred eighty-three thousand eight hundred three dollars, including not more than thirteen positions......418,416 0332-7600 For the first district court of southern Worcester (Dudley); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred fourteen thousand two hundred forty-eight dollars, including not more than twenty-one positions .............................................763,558 0332-7700 For the second district court of southern Worcester (Uxbridge); provided, that expenditures made from the AA subsidiary, so-called, of this item for the' personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred twenty-two thousand five hundred nineteen dollars, including not more than thirteen positions .... 445,525 0332-7800 For the third district court of southern Worcester (Milford); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred seventy-six thousand five hundred thirty-eight dollars, including not more than twenty-one positions..........................................831,079 0332-7900 For the district court of western Worcester (Spencer); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred thirty-six thousand eight hundred forty-three dollars, including not more than twelve positions .............................................470,292 Probate and Family Court Department 0333-0002 For the administrative office of the probate and family court department; provided, that expenditures made from the AA Chap. 110 subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred nineteen thousand seven hundred fifty dollars, including not more than nine positions .............................................740,323 0333-0100 For the Barnstable probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six hundred fifty-five thousand one hundred eleven dollars, including not more than nineteen positions...............................672,896 0333-0200 For the Berkshire probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred fifty-five thousand six hundred sixty-one dollars, including not more than thirteen positions...........................468,149 0333-0300 For the Bristol probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million four hundred eighty-six thousand eight hundred sixty dollars, including not more than forty-three positions.............. 1,566,277 0333-0400 For the Dukes probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred thirty-six thousand three hundred forty-six dollars, including not more than three positions.............................140,403 0333-0500 For the Essex probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million five hundred seventy-nine thousand three hundred twenty-three dollars, including not more than forty-seven positions ........ 1,674,771 0333-0600 For the Franklin probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred eighty-three thousand seven dollars, including not more than ten positions......................................... 391,547 Chap. 110 0333-0700 For the Hampden probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million six hundred fifty-thousand four hundred nine dollars, including not more than fifty-nine positions........................ 1,704,151 0333-0800 For the Hampshire probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred forty thousand one hundred sixty-six dollars, including not more than fifteen positions.................................561,868 0333-0900 For the Middlesex probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three million two hundred seventy-four thousand eight hundred forty dollars, including not more than ninety-three positions ........... 3,387,592 0333-0911 For the Middlesex probate court family services clinic; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred eighteen thousand eight hundred nine dollars, including not more than three positions...................119,760 0333-1000 For the Nantucket probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred four thousand three hundred sixty-seven dollars, including not more than two positions..............................107,854 0333-1100 For the Norfolk probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million one hundred eighty-one thousand four hundred twenty-seven dollars, including not more than sixty positions ............. 2,242,310 0333-1 111 For the Norfolk probate court family services clinic; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred thirteen thousand eight hundred six dollars, in- Chap. 110 including not more than three positions............... 0333-1200 For the Plymouth probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million four hundred ninety-seven thousand three hundred twenty-three dollars, including not more than forty-six positions ......... 0333-1300 For the Suffolk probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million four hundred forty thousand one hundred dollars, including not more than seventy-four positions .................... 0333-1400 For the Worcester probate court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million six hundred sixty-six thousand six hundred seventy-five dollars, including not more than forty-seven positions ....... Land Court Department 0334-0001 For the land court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million twenty-four thousand two hundred thirteen dollars, including not more than fifty-two positions .................................... 2,120,664 Boston Municipal Court Department 0335-0001 For the Boston municipal court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five million four hundred ninety-five thousand seven hundred ninety-five dollars, including not more than one hundred and sixty-four positions........................................ 5,667,211 . 115,978 1,551,262 2,506,210 1,720,611 Chap. 110 Housing Court Department 0336-0002 For the administrative office of the housing court department; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eighty-one thousand three hundred sixty dollars, including not more than two positions.............. 81,360 0336-0100 For the Boston housing court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eight hundred thirty-one thousand five hundred ninety-six dollars, including not more than twenty-four positions........................865,396 0336-0200 For the Hampden housing court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred fifty-four thousand seven hundred sixty-one dollars, including not more than eleven positions.........................378,181 0336-0300 For the Worcester housing court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred four thousand seven hundred five dollars, including not more than nine positions ................................. 328,035 0336-0400 For the Southeastern housing court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred thirty-seven thousand ninety-eight dollars, including not more than ten positions...............................350,889 0336-0500 For the Northeastern housing court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred six thousand four hundred three dollars, including not more than nine positions ..................................328,784 Chap. 110 Juvenile Court Department 0337-0002 For the administrative office of the juvenile court; provided, that expenditures made from the AA subsidiary, so-call-ed, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred thirty-six thousand three hundred thirty dollars, including not more than twelve positions........ .....352,547 0337-0003 For salaries and expenses of the statewide juvenile court expansion; provided, that the chief justice of administration and management shall notify the house and senate commit tees on ways and means of all assignments and allocations .... 500,000 0337-0100 For the Boston juvenile court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three million three hundred ten thousand seventy dollars, including not more than ninety-six positions............................ 3,352,960 0337-0200 For the Bristol juvenile court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million five hundred eight thousand one hundred eighty-five dollars, including not more than forty-eight positions................. 1,602,415 0337-0300 For the Springfield juvenile court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million eighty-one thousand one hundred forty-two dollars; provided that no more than thirty thousand dollars be used as a grant for the CAS A of Springfield program, including not more than thirty-five positions ....................... 1,119,957 0337-0400 For the Worcester juvenile court; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred eighty thousand five hundred six dollars, including not more than twenty-nine positions................................830,091 Chap. 110 Office of the Commissioner of Probation 0339-1001 For the office of the commissioner of probation; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million three hundred sixty-seven thousand eight hundred forty-six dollars, including not more than sixty-three positions ........................................... 3,014,210 Office of the Jury Commissioner 0339-2100 For the office of the jury commissioner; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six hundred twenty-four thousand forty one dollars, in accordance with chapter two hundred and thirty-four A of the General Laws, including jury expenses, including not more than twenty-one positions .................................... 1,757,188 DISTRICT ATTORNEYS Suffolk District Attorney 0340-0100 For the salaries and expenses of the Suffolk district attorney, including not more than one hundred and ninety positions . . . 6,872,869 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% 0340-0130 For the victim and witness assistance program of the Suffolk district attorney's office, in accordance with the provisions of chapter two hundred fifty-eight B of the General Laws, including salaries and expenses for litigation, including not more than twenty positions............................507,296 Victim and Witness Assistance Fund.....100.0% 0340-0135 For the salaries and expenses of the Suffolk district attorney's child abuse litigation unit, including not more than five positions ............................................138,708 Victim and Witness Assistance Fund ..... 100.0% 0340-0195 For the domestic violence prosecution program of the Suffolk district attorney's office, including not more than six positions ................... .........................156,010 Chap. 110 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% Federal Appropriations 0340-0151 For the purposes of a federally funded grant entitled, Financial Investigations...................................200,000 0340-0517 For the purposes of a federally funded grant entitled, Child Support Enforcement.................................41,326 0340-0525 For the purposes of a federally funded grant entitled, Drug Enforcement....................................... 82,908 0340-0526 For the purposes of a federally funded grant entitled, Second Jury Session in Holyoke District Court ...... ...........118,000 Northern District Attorney 0340-0200 For the salaries and expenses of the Northern district attorney, including not more than one hundred forty-five positions ...........................................5,457,602 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% 0340-0230 For the victim and witness assistance program of the Northern district attorney's office, in accordance with the provisions of chapter two hundred fifty-eight B of the General Laws, including salaries and expenses for litigation, including not more than nineteen positions.....................590,174 Victim and Witness Assistance Fund..... 100.0% 0340-0235 For the salaries and expenses of the Northern district attorney's child abuse litigation unit, including not more than seven positions.....................................192,189 Victim and Witness Assistance Fund..... 100.0% 0340-0295 For the domestic violence prosecution program of the Northern district attorney's office, including not more than five positions..........................................182,666 General Fund ....................... 20.0% Local Aid Fund................. ___ 80.0% Eastern District Attorney 0340-0300 For the salaries and expenses of the Eastern district attorney, including not more than eighty-two positions............ 3,331,507 Chap. 110 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% 0340-0330 For the victim and witness assistance program of the Eastern district attorney's office, in accordance with the provisions of chapter two hundred fifty-eight B of the General Laws, including salaries and expenses for litigation, including not more than sixteen positions............................421,363 Victim and Witness Assistance Fund..... 100.0% 0340-0335 For the salaries and expenses of the Eastern district attorney's child abuse litigation unit, including not more than four positions ............................................128,660 Victim and Witness Assistance Fund..... 100.0% 0340-0337 The office of the Eastern district attorney is hereby authorized to expend revenues collected up to a maximum of twenty-five thousand dollars, from royalty income from book publication contracts entered into during current or prior fiscal years and from donations from charitable foundations, for the child abuse prosecution program......................25,000 0340-0395 For the domestic violence prosecution program of the Eastern district attorney's office, including not more than six positions .............................................166,279 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% Middle District Attorney 0340-0400 For the salaries and expenses of the Middle district attorney, including not more than eighty-six positions............. 3,935,350 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% 0340-0430 For the victim and witness assistance program of the Middle district attorney's office, in accordance with the provisions of chapter two hundred fifty-eight B of the General Laws, including salaries and expenses for litigation, including not more than eight positions .............................307,334 Victim and Witness Assistance Fund..... 100.0% 0340-0435 For the salaries and expenses of the Middle District Attorney's child abuse litigation unit, including not more than four positions......................................156,311 Victim and Witness Assistance Fund..... 100.0% Chap. 110 0340-0495 For the domestic violence prosecution program of the Middle district attorney's office, including not more than five positions..........................................136,368 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% Western District Attorney 0340-0500 For the salaries and expenses of the Western district attorney, including not more than sixty-eight positions ............ 2,577,714 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% 0340-0530 For the victim and witness assistance program of the Western district attorney's office, in accordance with the provisions of chapter two hundred fifty-eight B of the General Laws, including salaries and expenses for litigation, including not more than thirteen positions........................... 362,070 Victim and Witness Assistance Fund..... 100.0% 0340-0535 For the salaries and expenses of the Western District Attorney's child abuse litigation unit, including not more than five positions ......................................152,131 Victim and Witness Assistance Fund..... 100.0% 0340-0595 For the domestic violence prosecution program of the Western district attorney's office, including not more than six positions ............................................152,553 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% Northwestern District Attorney 0340-0600 For the salaries and expenses of the Northwestern district attorney, including not more than thirty-seven positions...... 1,682,924 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% 0340-0630 For the victim and witness assistance program of the Northwestern district attorney's office, in accordance with the provisions of chapter two hundred fifty-eight B of the General Laws, including salaries and expenses for litigation, including not more than thirteen positions..................325,216 Victim and Witness Assistance Fund..... 100.0% Chap. 110 0340-0635 For the salaries and expenses of the Northwestern district attorney's child abuse litigation unit, including not more than one position........................................21,089 Victim and Witness Assistance Fund..... 100.0% 0340-0695 For the domestic violence prosecution program of the Northwestern district attorney's office, including not more than six positions.......................................187,256 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% Norfolk District Attorney 0340-0700 For the salaries and expenses of the Norfolk district attorney, including not more than sixty-eight positions ............ 3,252,427 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% 0340-0730 For the victim and witness assistance program of the Norfolk district attorney's office, in accordance with the provisions of chapter two hundred fifty-eight B of the General Laws, including salaries and expenses for litigation, including not more than thirteen positions...........................419,163 Victim and Witness Assistance Fund..... 100.0% 0340-0735 For the salaries and expenses of the Norfolk District Attorney's child abuse litigation unit, including not more than three positions ......................................90,488 Victim and Witness Assistance Fund..... 100.0% 0340-0795 For the domestic violence prosecution program of the Norfolk district attorney's office, including not more than five positions .............................................167,441 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% Plymouth District Attorney 0340-0800 For the salaries and expenses of the Plymouth district attorney, including not more than sixty-four positions ......... 2,550,252 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% 0340-0830 For the victim and witness assistance program of the Plymouth district attorney's office, in accordance with the provisions of chapter two hundred fifty-eight B of the General Chap. 110 Laws, including salaries and expenses for litigation, including not more than twelve positions......................409,895 Victim and Witness Assistance Fund..... 100.0% 0340-0835 For the salaries and expenses of the Plymouth district attorney's child abuse litigation unit, including not more than four positions......................................122,054 Victim and Witness Assistance Fund..... 100.0% 0340-0895 For the domestic violence program of the Plymouth district attorney's office, including not more than four positions..... 144,955 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% Bristol District Attorney 0340-0900 For the salaries and expenses of the Bristol district attorney, including not more than fifty-nine positions.............. 2,721,318 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% 0340-0930 For the victim and witness assistance program of the Bristol district attorney's office, in accordance with the provisions of chapter two hundred fifty-eight B of the General Laws, including salaries and expenses for litigation, including not more than fifteen positions............................397,546 Victim and Witness Assistance Fund..... 100.0% 0340-0935 For the salaries and expenses of the Bristol district attorney's child abuse litigation unit, including not more than five po- stions............................................114,751 Victim and Witness Assistance Fund..... 100.0% 0340-0995 For the domestic violence prosecution program of the Bristol district attorney's office, including not more than three positions .............................................107,160 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% Cape and Islands District Attorney 0340-1000 For the salaries and expenses of the Cape and Islands district atttorney, including not more than twenty-four positions .... 1,159,575 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% Chap. 110 0340-1030 For the victim and witness assistance program of the Cape and Islands district attorney's office, in accordance with the provisions of chapter two hundred fifty-eight B of the General Laws, including salaries and expenses for litigation, including not more than nine positions ...................292,885 Victim and Witness Assistance Fund .... 100.0% 0340-1035 For the salaries and expenses of the Cape and Islands district attorney's child abuse litigation unit, including not more than two positions ...................................44,522 Victim and Witness Assistance Fund..... 100.0% 0340-1095 For the domestic violence prosecution program of the Cape and Islands district attorney's office, including not more than four positions ..................................143,035 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% Berkshire District Attorney 0340-1100 For the salaries and expenses of the Berkshire district attorney, including not more than twenty-two positions......... 981,596 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% 0340-1130 For the victim and witness assistance program of the Berkshire district attorney's office, in accordance with the provisions of chapter two hundred fifty-eight B of the General Laws, including salaries and expenses for litigation, including not more than nine positions ...................266,882 Victim and Witness Assistance Fund..... 100.0% 0340-1135 For the salaries and expenses of the Berkshire district attorney's child abuse litigation unit, including not more than one position........................................16,853 Victim and Witness Assistance Fund..... 100.0% 0340-1195 For the domestic violence prosecution program of the Berkshire district attorney's office, including not more than three positions..........................................129,477 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% 0340-2100 For a reserve for the implementation and related expenses of the prosecution management information system (PROMIS); provided, that funds may be transferred from this item to other items of appropriation; provided further, Chap. 110 that the house and senate committees on ways and means shall be notified in writing of all transfers made from this line item; provided further, that a report detailing all past expenditures from this fund, the automation status of each district attorney's office, and a proposed plan for any further automation improvements, shall be forwarded to the house and senate committees on ways and means on or before October first, nineteen hundred ninety-three; and provided further, that expenses may be charged directly to this item, including not more than three positions...................884,204 General Fund ....................... 20.0% Local Aid Fund...................... 80.0% EXECUTIVE 0411-1000 For the salaries and expenses of the offices of the governor and lieutenant governor and governor's council pursuant to sections three, four, and seven of chapter six of the General Laws, and for the salaries and expenses of the administrative office pursuant to sections six and six A of chapter six of the General Laws; and for the payment of extraordinary expenses not otherwise provided for, and for transfer to appropriation accounts where the amounts otherwise available are insufficient................................ 4,264,530 Governor's Commission on Mental Retardation 0411-1010 For the governor's commission on mental retardation ..........200,000 SECRETARY OF STATE 0511-0000 For the administration and expenses of the office of the secretary; provided, that seventy-two thousand dollars shall be expended for review of corporate annual statements by the corporations division, including the costs of personnel; provided further, that one hundred thousand dollars shall be expended for the costs of notifying corporations of their obligation to file annual statements of condition with the office of the secretary; provided further, that one hundred three thousand dollars shall be expended for the costs of notifying publicly traded corporations of their obligation to Chap. 110 file tax information and for the related costs of the corporate tax filing program, including the costs of personnel, in accordance with chapter four hundred two of the acts of nineteen hundred ninety-two; provided further, that one hundred and ninety-two thousand dollars shall be expended for the purposes of maintaining a computerized corporate library; and provided further, that no transfer of personnel or compensation for personnel from one item to another shall occur without the prior notification of the house and senate committees on ways and means, including not more than one hundred fifty-seven positions ................. 5,783,902 0511-0200 For the administration of the archives division, including not more than thirteen positions.................... ......444,538 0511-0230 For the expenses of the record center, including not more than four positions..................................... 155,657 0511-0250 For the maintenance and operation of the archives facilities, including not more than eight positions...................570,156 0511-0260 For the administration of the commonwealth museum, including not more than six positions......................227,276 0517-0000 For the printing of public documents, including not more than eight positions................................ 1,277,787 0521-0000 For the elections division, including preparation, printing and distribution of ballots and for other miscellaneous expenses for primary and other elections, including not more than nineteen positions................................. 1,732,754 Local Aid Fund..................... 100.0% 0524-0000 For the information to voters, including not more than one position.............................................44,000 Local Aid Fund..................... 100.0% 0526-0100 For the Massachusetts historical commission; provided, that not less than fifty-thousand dollars shall be expended for historic preservation grants, including not more than twenty-two positions....................................620,692 0527-0100 For the ballot law commission.............................19,757 0528-0100 For the records conservation board, including not more than one position....................................... 29,758 Federal Appropriations 0526-0105 For the purposes of a federally funded grant entitled, Massachu- Chap. 110 setts Statewide Historical Survey.......................680,000 0526-0115 For the purposes of a federally funded grant entitled, Massachusetts Historical Commission - Federal Preservation Grants ...........................................242,000 TREASURER AND RECEIVER-GENERAL Office of the Treasurer and Receiver-General 0610-0000 For the office of the treasurer and receiver-general; provided, that not more than four million two hundred twenty-four thousand dollars of the amount appropriated herein shall be expended for the payment of bank fees; provided further, that the treasurer shall provide computer services required by the teachers' retirement board, including not more than one hundred and twenty-one positions ................ 10,374,684 General Fund ....................... 50.0% Highway Fund ...................... 10.0% Local Aid Fund...................... 40.0% 0610-1500 For tuition payments as required by section twelve B of chapter seventy-six of the General Laws, as appearing in section sixty-one of chapter seventy-one of the acts of nineteen hundred ninety three, notwithstanding the provisions of chapter twenty-nine of the General Laws to the contrary, the state treasurer is hereby authorized to expend in anticipation of revenue such amounts as are necessary to meet such payments; and provided further, that the state treasurer shall deduct the amount expended from this account from items 7061-0008 and 0611-5500 and from the amounts specified in section three of this act, in accordance with the provisions of section twelve B of chapter seventy-six of the General Laws, as appearing in section sixty-one of chapter seventy-one of the acts of nineteen hundred ninety three 0611-1000 For bonus payments to war veterans....................... 19,000 0611-5000 For compensation to victims of violent crimes; provided, that notwithstanding the provisions of section five of chapter two hundred fifty-eight A of the General Laws, if claimant is sixty years of age or older at the time of the crime, and is not employed or receiving unemployment compensation, such claimant shall be eligible for compensation in accordance with this chapter even if the claimant has suffered no out-of-pocket loss; provided further, that compensation to Chap. 110 such claimant shall be limited to a maximum of fifty dollars; provided further, that notwithstanding the pro-visions of any general or special law to the contrary, victims of the crime of rape shall be notified of all available services designed to assist rape victims including, but not limited to, the provisions outlined in section five of chapter two hundred fifty-eight A of the General Laws; provided further, that no funds appropriated herein shall be expended for acute hospital services ............................. 2,454,843 General Fund ...................... 78.21% Victim, and Witness Assistance Fund..... 21.79% 0611-5500 For additional assistance to cities and towns, to be distributed according to the provisions of section three of this act, and for assistance to certain public entities of the commonwealth that have constructed abatement facilities; provided, however, that said distribution to said public entities shall equal one million, two hundred forty-nine thousand, nine hundred forty-eight dollars ....................... 477,565,226 Local Aid Fund..................... 100.0% 0611-5501 For a one-time payment of municipal stabilization local aid, to be distributed from the local aid fund in accordance with the formula used to distribute the State Lottery Fund local aid as listed in section three of this act; provided, that notwithstanding the provisions of chapter seventy of the General Laws or any other general or special law to the contrary, receipt of the municipal stabilization local aid shall in no way affect a municipality's obligations regarding education financing and shall be available for unrestricted use by the municipalities........................... 20,000,000 Local Aid Fund.......................100% 0611-5510 For reimbursements to cities and towns in lieu of taxes on state-owned land pursuant to sections thirteen to seventeen, inclusive, of chapter fifty-eight of the General Laws....... 6,500,000 Local Aid Fund..................... 100.0% 0611-5800 For distribution to each city and town within which racing meetings are conducted; provided, that each city or town's distribution shall be proportionate to its share of the amount certified by the state racing commission, pursuant to section eighteen D of chapter fifty-eight of the General Laws, at the end of the calendar year nineteen hundred ninety-two; and provided further, that no city or town shall receive more Chap. 110 than the amount so certified for that city or town ......... 1,280,181 Local Aid Fund.................... 100.0% State Board of Retirement 0612-0100 For the administration of the board; provided, that the position of executive secretary of the retirement board shall not be subject to the provisions of chapter thirty-one of the General Laws; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed nine hundred ninety-two thousand three hundred sixty-six dollars, including not more than thirty positions.................. 1,410,116 0612-1010 For the commonwealth's pension liability fund established under section twenty-two of chapter thirty-two of the General Laws, to meet the commonwealth's obligations under section twenty-two C of said chapter thirty-two, including all retirement benefits payable by the state employees' and the state teachers' retirement systems, reimbursement of local retirement systems for cost-of-living adjustments pursuant to sections one hundred and two of said chapter thirty-two and for the costs of increased survivor benefits pursuant to chapter three hundred and eighty-nine of the acts of nineteen hundred and eighty-four; provided, that subject to the rules and regulations promulgated by the treasurer, the state retirement board and each city, town, county, or district shall verify the cost thereof and the treasurer shall be authorized to make such payments upon a transfer of funds as hereinafter provided, to reimburse certain cities and towns for pensions to retired teachers, and including any other obligations which the commonwealth has assumed on behalf of any retirement system other than the state employees' or state teachers' retirement systems and including the commonwealth's share of the amounts to be appropriated pursuant to section twenty-two B of said chapter thirty-two and the amounts to be appropriated pursuant to clause (a) of the last paragraph of section twenty-one of chapter one hundred and thirty-eight of the General Laws; provided further, that all payments for the purposes herein described shall be made only pursuant to distribution Chap. 110 of monies from said fund; provided further, that any such distribution and the payments for which distributions are required shall be detailed in a written report filed quarterly by the commissioner of administration with the house and senate committees on ways and means and the joint committee on public service in advance of such distribution; provided further, that such distributions shall not be made in advance of the date on which any payment is actually to be made; provided further, that the governor shall request a supplemental appropriation in the amount necessary to provide any amount required to be paid hereunder which is in excess of the sum of the amount herein appropriated and the amounts so recovered, and the amount of any such excess shall not be distributed from the commonwealth's pension liability fund nor paid from any other source until such appropriation has been made, and the amounts so appropriated shall be deposited in said fund and distributed therefrom in accordance with the provisions of this item; provided further, that the treasurer shall submit a report by November fifteenth, nineteen hundred and ninety-three to the house and senate committees on ways and means detailing all retirement benefits paid to the mem-bers of the state employees' and teachers' retirement sys-tems, the reimbursement of local retirement systems for cost of living adjustments and for the costs of increased survivor benefits during fiscal year nineteen hundred and ninety-three; provided further, that said report shall also include pursuant to section twenty-two of said chapter thirty-two the source and amount of revenue remitted to the commonwealth's pension liability fund during fiscal year nineteen hundred and ninety-three; provided further, that any request for distribution from said fund shall not be in excess of the amount necessary to provide sufficient monies to make all payments for the purposes herein before described; and provided further, that no funds may be expended from this item, other than deposits to the commonwealth's pension liability fund................................... 916,887,384 Generai Fund ....................... 33.9% Local Aid Fund...................... 59.0% Highway Fund ....................... 7.0% Inland Fisheries and Game Fund.......... 0.1% Chap. 110 0612-1507 For the cost of the commonwealth's obligation to assume book to market losses, pursuant to paragraph (c) of subdivision (3) of section twenty-two of chapter thirty-two of the General Laws for the fiscal year ending June thirtieth, nineteen hundred and ninety-four; provided, that the public employee retirement administration shall certify said losses and shall file a schedule of said losses with the secretary of administration and finance and the house and senate committees on ways and means by May twentieth, nineteen hundred and ninety-four; provided further, that notwithstanding any general or special law to the contrary, the Pension Reserve Investment Trust Fund shall reimburse the General Fund for the costs of this appropriation on or be fore June thirtieth, nineteen hundred ninety-four............272,304 Local Aid Fund.................... 100.0% 0612-2000 For the authorization of retirement benefits pursuant to chapters seven hundred twelve and seven hundred twenty-one of the acts of nineteen hundred eighty-one, chapter one hundred fifty-four of the acts of nineteen hundred eighty-three, chapter sixty-seven of the acts of nineteen hundred eighty-eight, and chapter six hundred twenty-one of the acts of nineteen hundred eighty-nine; for the compensation of veterans who may be retired by the state board of retirement, including individuals formerly in the service of the division of employment security whose compensation for such service was paid in full from a grant from the federal government, and for the cost of medical examinations in connection therewith, for pensions of retired judges or their widows, for retirement allowances of certain employees formerly in the service of the administrative division of the metropolitan district commission, for retirement allowances of certain veterans and police officers formerly in the service of the metropolitan district commission, for retirement allowances of certain veterans formerly in the service of the metropolitan sewerage district, for retirement allowances of certain veterans formerly in the service of the metropolitan water system, and for annuities for widows of certain for mer members of the uniformed branch of the state police 23,500,000 General Fund ....................... 82.2% Highway Fund ...................... 17.8% Chap. 110 Commission on Firemen's Relief 0620-0000 For the financial assistance to injured firemen program ...........9,808 Local Aid Fund..................... 100.0% Emergency Finance Board 0630-0000 For the expenses of the emergency finance board; provided, that notwithstanding the provisions of any general or special law to the contrary, no employee of the department of revenue shall receive any reimbursement for services from this account; and provided further, that expenditures made from the AA. subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed sixty-two thousand sixty dollars, including not more than five positions.............. 66,500 Local Aid Fund..................... 100.0% State Lottery Commission 0640-0000 For the expenses of the operation and administration of the state lottery and arts lottery; provided, that twenty-five percent of this appropriation shall be transferred from the State Lottery Fund to the General Fund quarterly; provided further, that all the positions in this item shall not be subject to chapters thirty and thirty-one of the General Laws; provided further, that the director shall, so far as practicable in making appointments to such positions, promote employees of the commonwealth serving in positions which are classified under said chapter thirty-one and that any such employee so promoted from a position in which at the time of promotion he has tenure by reason of section nine A of chapter thirty of the General Laws shall, upon termination of his service in such unclassified supervisory position, be restored upon his request to the classified position from which he was promoted or to a position equivalent thereto in salary grade in the same state agency, without impairment of his civil service status or his tenure by reason of said section nine A or loss of seniority, retirement and other rights to which uninterrupted service in the classified position would have entitled him; provided further, however, Chap. 110 that if his service in such unclassified supervisory position is terminated for cause, his right to be so restored shall be determined by the civil service commission in accordance with the standards applied by said commission in administering said chapter thirty-one; provided further, that no funds shall be expended from this item for any costs associated with advertising lottery games; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eighteen million seven hundred seventy-four thousand fifty-five dollars, including not more than four hundred and six positions......................................... 57,069,913 Lottery Advertising 0640-0010 For the purpose of advertising associated with the state lottery program; provided, that twenty-five percent of this appropriation shall be transferred from the State Lottery Fund to the General Fund quarterly; provided further, that the funds made available herein shall be the only funds made available for advertising lottery games; and provided further, that no non-appropriated funds shall be expended for the purposes of advertising lottery games ............ 3,600,000 0640-0096 For the purpose of the commonwealth's fiscal year nineteen hundred ninety-four contributions to the health and welfare fund established pursuant to the collective bargaining agreement between the lottery commission and the service employees international union, Local 254, AFL-CIO; provided, that said contributions shall be paid to such trust fund on such basis as said collective bargaining agreement provides..........................................116,360 Local Aid Fund..................... 100.0% Massachusetts Cultural Council 0640-0300 For the services and operations of the council; provided, that notwithstanding the provisions of any general or special law to the contrary, the council may expend the amounts herein appropriated for the purposes of the council as provided in sections fifty-two to fifty-eight, inclusive, of chapter ten of Chap. 110 the General Laws, in such amounts and at such times as the council may determine pursuant to section fifty-four of chapter ten of the General Laws; provided further, that twenty-five percent of this appropriation shall be transferred from the Arts Lottery Fund to the General Fund quarterly; provided further, that any funds expended from this account for the benefit of school children shall be expended for the benefit of all Massachusetts school children and on the same terms and conditions; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six hundred thirty-four thousand one hundred eleven dollars, including not more than twenty positions......... 6,153,420 Federal Appropriations 0640-9717 For the purposes of a federally funded grant entitled, Promotion of Arts, Basic State Grant ........ ................. 0640-9718 For the purposes of a federally funded grant entitled, Promotion of Arts, Arts in Education........................... 0640-9722 For the purposes of a federally funded grant entitled, Promotion of Arts, Basic Salary Assistance ....................... Debt Service 0699-0090 For debt service associated with the Dedicated Income Tax Bonds, Fiscal Recovery Loan Act of nineteen hundred ninety........................................ 272,109,825 Commonwealth Fiscal Recovery Fund ... 100.0% 522,000 125,000 . 30,000 Chap. 110 0699-0100 For payments related to bonds issued pursuant to chapter one hundred fifty-one of the acts of nineteen hundred ninety due under agreements entered into pursuant to section thirty-eight C of chapter twenty-nine of the General Laws ....... 6,600,000 0699-1901 For the payment of interest on certain bonded debt of the commonwealth previously charged to the State Recreation Areas Fund, for the payment of interest on certain bonded debt of the commonwealth previously charged to the Metropolitan Parks District Fund, for payment of interest on certain bonded debt of the commonwealth; provided, that any deficit existing in this item at the close of the fiscal year shall be charged to the Local Aid Fund................ 46,782,200 Local Aid Fund.....................100.0% 0699-1902 For the payment of discount on the sale of bonds of the commonwealth previously charged to the State Recreation Areas Fund, for the payment of discount on the sale of bonds of the commonwealth previously charged to the Metropolitan Parks District Fund, for payment of discount on the sale of bonds of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Local Aid Fund .:...¦............. 4,680,044 Local Aid Fund.................... 100.0% 0699-1903 For certain serial bonds maturing previously charged to the State Recreation Areas Fund, for certain serial bonds maturing previously charged to the Metropolitan Parks District Fund, for certain serial bonds maturing; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Local Aid Fund................ 22,653,600 Local Aid Fund..................... 100.0% 0699-3901 For the payment of interest on certain bonded debt of the commonwealth previously charged to the Metropolitan Water District Fund, for the payment of interest on certain bonded debt of the commonwealth previously charged to the Metropolitan Sewerage District Fund, and for the payment of interest on certain bonded debt of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the General Fund debt service reserve ................................. 271,271,177 Chap. 110 0699-3902 For the payment of discount on the sale of bonds of the commonwealth previously charged to the Metropolitan Water District Fund, for the payment of discount on the sale of bonds of the commonwealth previously charged to the Metropolitan Sewerage District Fund, and for the payment of discount on the sale of bonds of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the General Fund debt service reserve ................................... 5,408,411 0699-3903 For certain serial bonds maturing previously charged to the Metropolitan Water District Fund, for certain serial bonds maturing previously charged to the Metropolitan Sewerage District Fund, and for certain serial bonds maturing; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the General Fund debt service reserve................................. 361,450,180 0699-3910 For the payment of interest, discount and principal on certain bonded debt of the commonwealth associated with the Watershed Management Fund for the acquisition of development rights and other interests in land, including fee simple acquisitions of watershed lands of the Quabbin and Wachusett reservoirs and the Ware river watershed above the Ware river intake pipe.............................400,000 Watershed Management Fund.......... 100.0% 0699-6800 For the payment of interest on certain bonded debt of the commonwealth; provided, that not more than eleven million dollars of the amount appropriated herein may be expended for the payment of interest, principal, redemption price, funding of reserves and other costs relating to special obligation bonds issued pursuant to the provisions of section two O of chapter twenty-nine of the General Laws; provided further, that said expenditures shall be charged to the infrastructure subfund; and provided further, that any deficit existing in this item at the close of this fiscal year shall be charged to the Highway Fund debt service reserve ....... 95,553,681 Highway Fund ................... 100.0% 0699-6801 For the payment of discount on the sale of bonds of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Highway Fund debt service reserve ....................... 1,068,049 Chap. 110 Highway Fund .................... 100.0% 0699-6900 For certain serial bonds maturing; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Highway Fund debt service reserve...... 111,735,978 Highway Fund .................... 100.0% 0699-8300 For payment of interest on certain bonded debt of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Inter-City Bus Fund .......................................1,956 Inter-City Bus Fund ................. 100.0% 0699-9100 For the payment of interest on issuance costs of bond and revenue anticipation notes and other notes pursuant to sections forty-seven and forty-nine B of chapter twenty-nine of the General Laws; provided, that the treasurer shall certify to the comptroller a schedule of the distribution of such costs among the various funds of the commonwealth; provided further, that the comptroller shall charge such costs to such funds in accordance with said schedule; and provided further, that any deficit in this item at the close of this fiscal year shall be charged to the various funds or to the General or Highway Fund debt service reserves .........27,800,000 0699-9200 For certain debt service contract assistance to the Massachusetts land bank in accordance with the provisions of section eight B of chapter one hundred thirty of the acts of nineteen hundred eighty-seven .............................. 6,000,000 OFFICE OF THE STATE AUDITOR State Auditor 0710-0000 For the administration and expenses of the office of the auditor, including not more than two hundred and seventy positions .......................................... 9,495,973 0710-0010 For the administration and expenses associated with the privatization review board and the monitoring of privatization contracts .........................................720,000 0710-0100 For the administration and expenses of the bureau of local mandates, including not more than twenty positions ............739,426 Local Aid Fund..................... 100.0% Chap. 110 ATTORNEY GENERAL Office of the Attorney General 0810-0000 For the office of the attorney general, including not more than three hundred and nineteen positions.............. 13,514,890 0810-0014 For the expenses of the public utilities proceedings of the office of the attorney general, pursuant to section eleven E of chapter twelve of the General Laws, including not more than seventeen positions............................ 1,355,145 0810-0021 For the expenses of administering the medicaid fraud control unit; provided, that the federal reimbursement for any expenditure for this item shall not be less than seventy-five percent of such expenditure, including not more than thirty positions........................................ 1,372,441 0810-0031 For the expenses of administering the local consumer aid fund, including not more than two positions....................605,393 0810-0035 For the administration and expenses of the Anti-Trust division, including not more than nine positions ...................321,631 Anti-Trust Enforcement Fund.......... 100.0% 0810-0045 For the wage enforcement program pursuant to section three hundred thirty-two of this act, including not more than thirty-one positions................................ 1,332,800 0810-0201 For the expenses incurred in administrative or judicial proceedings as authorized by section eleven F of chapter twelve of the General Laws; provided, that funds made available herein may be used to supplement the automobile insurance fraud unit and the workers compensation fraud unit of the office of the attorney general, including not more than fifteen positions............................... 1,170,000 0810-0338 For the administration and expenses of the prosecution of automobile insurance fraud component of the office of the attorney general program; provided, that the costs of this program shall be assessed pursuant to section three of chapter three hundred and ninety-one of the acts of nineteen hundred and ninety-one; provided further, that said assessments shall be credited to the General Fund, including not more than three positions .......................100,172 0810-0399 For the workers'compensation fraud prosecution; provided, that the costs of this program shall be assessed pursuant to section three of chapter three hundred and ninety-nine of the acts of nineteen hundred and ninety-one; provided Chap. 110 further, that the attorney general is hereby authorized and directed to investigate and prosecute where appropriate employers who fail to provide workers' compensation insurance in accordance with the laws of the commonwealth; provided further, that said assessments shall be credited to the General Fund; and provided further, that said unit shall investigate and report on all companies not in compliance with chapter one hundred and fifty-two of the General Laws, including not more than three positions..............184,334 0810-1031 For the victim and witness assistance program of the attorney general's office, in accordance with the provisions of chapter two hundred fifty-eight B of the General Laws, including salaries and expenses for litigation, including not more than five positions...................................120,685 Victim and Witness Assistance Fund..... 100.0% Federal Appropriation 0810-6646 For the purposes of a federally funded grant entitled, Crime Victum Compensation ...............................791,000 Commission on Uniform State Laws 0830-0100 For the commission on uniform state laws program.............27,900 Victim and Witness Assistance Board 0840-0100 For the administration and expenses of the victim and witness assistance board, including not more than six positions . . 263,640 Victim and Witness Assistance Fund..... 100.0% Federal Appropriation 0840-0110 For the purposes of a federally funded grant entitled, Crime Victims Assistance..................................800,000 STATE ETHICS COMMISSION State Ethics Commission 0900-0100 For the administration and expenses of the state ethics commission; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs Chap. 110 associated with the purposes of the programs funded herein shall not exceed nine hundred sixty four thousand five hundred twenty-three dollars, including not more than twenty-eight positions ................................... 1,073,540 General Fund ....................... 50.0% Local Aid Fund...................... 50.0% OFFICE OF THE INSPECTOR GENERAL 0910-0200 For the administration and expenses of the office of the inspector general; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million one hundred seventy-one thousand five hundred dollars, including not more than thirty-three positions............................... 1,293,028 OFFICE OF CAMPAIGN AND POLITICAL FINANCE 0920-0300 For the admimstration and expenses of the office of campaign and political finance; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred eighty-seven thousand seven hundred twenty eight dollars, including not more than thirteen positions...........................620,104 General Fund ....................... 50.0% Local Aid Fund...................... 50.0% OFFICE OF THE STATE COMPTROLLER 1000-0001 For the administration of the office of the state comptroller, for the purpose of compliance with the Single Audit Act of nineteen hundred eighty-four, Public Law 89-502, and for the federally required comprehensive, statewide single audit of state operations for the fiscal year ending June thirtieth, nineteen hundred ninety-three, in accordance with generally accepted accounting principles; provided, that notwithstanding any general or special law to the contrary, allocated federal funds transferred from federal reimbursement Chap. 110 and grant receipts shall be credited to and expended from this account without further appropriation, in addition to state funds appropriated to this account, for the cost of compliance with the mandate of the federal law and the office of management and budget regulations; provided further, that the amount of any such federal funds and grant receipts so credited and expended from this account shall be reported to the house and senate committees on ways and means; provided further, that the comptroller shall maintain a special federal and non-tax revenue unit which shall operate under policies and procedures developed in conjunction with the office of purchased services; provided further, that the comptroller shall provide quarterly reports to the house and senate committees on ways and means which shall include for each state agency for which the commonwealth is billing, the eligible state services, the full year estimate of revenues, and revenues collected; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs asso-ciated with the purposes of the programs funded herein shall not exceed four million two hundred fifty-three thousand thirty-three dollars, including not more than one hundred and three positions ........................................... 5,825,449 1000-1100 For engaging the services of a certified public accounting firm expert in environmental regulation to audit the activities of the Massachusetts water resource authority pursuant to the provisions of section two eighty-four of this act .......250,000 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. Executive Office 1100-1100 For the office of the commissioner; provided, that forecasts generated by the state economic model and the governor's revenue advisory board be filed quarterly with the house and senate committees on ways and means; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million fifty-four thousand seven hundred twenty dollars, including not more than twenty positions............1,236,734 Chap. 110 Office of Dispute Resolution 1100-1103 For the office of dispute resolution; provided, that notwithstanding any special or general laws to the contrary, the office shall generate up to a maximum of four hundred ninety-seven thousand five hundred thirty-six dollars from charges to other agencies, cities, towns, and other political subdivisions of the commonwealth or to corporations and individuals for the costs of mediation services and other services provided to such entities by said office of dispute resolution, including the costs of personnel for said office; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eighty-five thousand five hundred fifty-six dollars, including not more than two positions ............ 497,536 Keno 1100-1234 For the implementation of keno, so-called, pursuant to section three hundred eighty-seven of this act.................. 4,000,000 Massachusetts Corporation for Educational Telecommunications 1100-1400 For a payment to the Massachusetts corporation for educational telecommunications to be expended in accordance with a plan that has been filed with the legislature; provided that not less than fifty thousand dollars be expended for the purpose of conducting a study by the Massachusetts association of college librarians for a proposed five campus library system..................................... 5,500,000 1100-5500 For the operations of the Chelsea receiver; provided, that the funds appropriated herein shall be used exclusively for the operations of the Chelsea receiver as established in chapter two hundred of the acts of nineteen hundred ninety-one; provided further, that the funds appropriated herein shall not be transferred to any other item of appropriation; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred seventy-one thousand eight Chap. 110 hundred fifty-eight dollars, including not more than four positions..........................................393,930 Local Aid Fund.....................100.0% Federal Appropriations Administering Agency for Developmental Disabilities 1100-1703 For the purposes of a federally funded grant entitled, Administering Agency for Developmental Disabilities ........... 1,178,310 .1100-1710 For the purposes of a federally funded grant entitled, Massachusetts Developmental Disabilities Council.............. 357,461 Fiscal Affairs Division 1101-2100 For the administration of the fiscal affairs division; provided, that charges for the cost of computer resources and services provided by the bureau of computer services for the design, development and production of reports and information required to be included in budgets submitted by the governor to the legislature, shall not be charged to this item; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million sixteen thousand one hundred fifty-nine dollars, including not more than forty-four positions .................... 2,397,131 Office of Management Information Systems 1101-2380 For the administration of the office of management information systems; provided, that said office of management in- Chap. 110 formation systems is hereby authorized and directed to schedule expenditures for any software development project or system purchased for which the total budgeted cost will exceed five hundred thousand dollars; provided further, that said office of management information systems is hereby authorized and directed to continue a chargeback system for its bureau of computer services which complies with the requirements of section two C of this act; provided further, that not less than forty thousand five hundred and ninety-two dollars be expended for maintaining the current personnel, operations and scheduled projects associated with the personnel administrative reporting and information system; provided further, that said office of management information services perform quarterly evaluations and surveys of the true demand for reports distributed to agencies; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven million four hundred ninety-two thousand five hundred forty-four dollars, including not more than one hundred seventy-nine positions ........... 9,105,334 1101-4000 The commissioner of administration is hereby authorized to expend two hundred twenty-five thousand dollars generated from reimbursements received pursuant to this item for the purpose of conducting audits and surveys to identify and realize savings in the acquisition and maintenance of communication lines, equipment, and services used by the commonwealth; provided, that all state departments and agencies shall participate or assist in such audits and surveys as directed by the commissioner; provided further, that for the purpose of conducting such audits and surveys, the commissioner may enter into agreements with one or more private persons, companies, associations, or corporations; provided further, that no such agreement shall be entered into unless proposals for the same have been invited by public notice; provided further, that any such agreement shall put forth the manner in which the compensation for such services shall be paid, including payment of a portion of, and only upon receipt of reimbursements from providers of communication services and equipment as a result of savings identified pursuant to this item; provided further, that the commis- Chap. 110 sioner shall file quarterly status reports with the house and senate committees on ways and means; and provided further, that the state comptroller shall establish accounts and procedures as he deems appropriate and necessary to assist in accomplishing the purposes of this item, including the costs of personnel...................................225,000 DIVISION OF CAPITAL PLANNING AND OPERATIONS AGENCY MISSION To meet the real property ownership and rental needs of state agencies. STATUTORY REFERENCES Enabling Statute M.G.L. c.7 § 39-A43I M.G.L. c.8 COMPONENT PROGRAMS 1. Administration and Operations 2. State Transportation Building 3. Springfield State Office Building PROGRAM 1: Administration and Operations PROGRAM MISSION To manage the real property holdings and needs of the Commonwealth, including planning, construction, repair, maintenance, leasing, acquisition, and disposition. Program Objectives 1. Develop and coordinate a process for monitoring and improving program performance. Performance Measures 1. Program improvements and enhancements produced by the performance review process. Expected Outputs 1. TBR Conduct capital planning and annual budgeting 2a. File comprehensive annual report on the progress of all capital facility projects subject to the jurisdiction of the division. 2b. File 5 year proposed capital repair and maintenance plan. 2a February 15,1994 2b. February 15,1994 Administer contracts for design and construction work Contracts negotiated. 3. TBR Chap. 110 4. Conduct projects audits. 5. Negotiate land acquisitions and dispositions. 6. Regulate designer selections 4. Audits indicating non-compliance with the regulations of the division. 5 a Acquisitions completed, total square feet 5b. Dispositions completed, total square feet, and total revenues. 5 c. Dispositions at less than the appraised value of the property. 6, Projects requiring designation by the designer selection board. 7. Provide for the reuse of 7a Annual inventory of real Commonwealth properties by maintaining property inventories, analyzing usage, and redeveloping surplus property. Negotiate cost-effective leases for agencies. property rented, owned, or occupied by state agencies. 7b. 8a 8b. 8c. 8d. Design, award, and oversee new construction, major rehabilitations, and renovations. Value of new construction and asset acquisition actively managed, by agency. 4. TBR 5aTBR 5b. TBR 5c. TBR 6. TBR 7a February 15,1994 Property usage studies completed. 7b. TBR Agency space evaluations completed. Leases whose square footage costs exceed the median cost 8a TBR 8b. TBR For a given region. Annual agency rent reductions attributable to lease re- 8c. TBR negotiations. New leases and lease renewals. 8d. TBR 9. TBR Chap. 110 10. Operate, maintain, and state buildings, and ensure health, safety, and code compliance in state buildings 10a. Agencies and building 10a. TBR authorities in noncompliance with maintenance and repair standards and guidelines of the division. 10b. Inspections of state agency or 10b. TBR building authority buildings completed. 10c. Code compliance corrections 10c. TBR made within 30 days. 1 Od. Preventive maintenance pro- 1 Od. TBR grams at each state agency and building authority evaluated and approved. lOe. Value of repairs and renova- lOe. TBR tions performed on state real assets. lOf Savings attributable to the lOf. TBR shared savings energy conservation program. State Appropriation 1102-3210 For the administration and operations program; provided, that the division shall conduct a study relative to the disposition of the facility located at 1010 Commonwealth Avenue located in the city of Boston; provided further, that said study shall be filed with the clerks of the house and the senate on or before December thirty-first, nineteen hundred and ninety-three; provided further, that said division may expend a sum not exceeding four hundred thousand dollars from this item to develop the master plan for the Boston state hospital site required by section three hundred seventy-one of this act; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five million four hundred forty-two thousand seven hundred and fifty-four dollars, including not more than one hundred and fifty positions...... 6,117,796 Chap. 110 srmance Measures Expected Outputs Cost of routine repairs, up- la TBR keep, and maintenance. Cost of major repairs. lb. TBR Deviations from capital facil- lc. TBR ity maintenance schedule. Rental income and expenses. Id. TBR PROGRAM 2: State Transportation Building PROGRAM MISSION To provide building management services for the State Transportation Building through a contract with a building manager and to complete its sale. Program Objectives Perl 1. Maintain and operate the la. building at class A office space standards. lb. lc. Id. State Appropriation 1102-3214 For the state transportation building program, including expenses for the maintenance and operation of said building; provided, that the division of capital planning and operations is hereby authorized to expend revenues collected up to a maximum of seven million dollars from rentals, commissions, fees, parking fees and from any and all other sources pertaining to the operation of the state transportation building; provided, that the building manager selected by the division of capital planning and operations shall make such expenditures on behalf of said division pursuant to the provisions of section forty-three J of chapter seven of the General Laws................................. 7,000,000 State Transportation Building Management Fund .................. 100.0% PROGRAM 3: Springfield State Office Building PROGRAM MISSION To provide building management services for the Springfield State Office Building through a contract with a building manager. Program Objectives Performance Measures Expected Outputs 1. Maintain and operate the la. Cost of routine repairs, up- la. TBR building at class A office keep, and maintenance. space standards. Chap. 110 lb. Cost of major repairs. lb. TBR 1c. Deviations from capital facil- lc. TBR ity maintenance schedule. Id. Rental income and expenses. Id. TBR State Appropriation 1102-3231 For the Springfield state office building program, including expenses for the maintenance and operation of said building; provided that the division of capital planning and operations is hereby authorized to expend revenues collected up to a maximum of five hundred thousand dollars accrued from rents charged to agencies occupying the Springfield state office building, pursuant to the provisions of section forty-three K of chapter seven of the General Laws.........500,000 Springfield State Office Building Management Fund ........... 100.0% Bureau of State Office Buildings 1102-3301 For the administration of the bureau of state office buildings and for the maintenance and operation of buildings under the jurisdiction of the state superintendent of buildings; provided, that not less than fifty thousand dollars be made available for the restoration and preservation of the historic flags displayed in the state house hall of flags; provided further, that no less than ninety thousand dollars shall be made available for the Massachusetts arts commission; provided further, that notwithstanding the provisions of section nineteen of chapter six of the General Laws, the chairman of the commission shall serve for the duration of the project as executive director of this project and shall be compensated therefore from funds appropriated in this item; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million seven hundred thirty-five thousand three hundred fifty-four dollars, including not more than eighty-nine positions............................. 10,270,819 1102-3302 For the purposes of utility costs for the properties managed by the bureau of state office buildings and the department Chap. 110 of capital planning and operations..................... 7,213,137 Department of Procurement and General Services 1104-1000 For the administration ofthe department; provided, that the secretary of administration and finance shall ensure that adequate resources are provided from this item for the maintenance ofthe government center medical unit at the same level as in fiscal year nineteen hundred ninety-three; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes ofthe programs funded herein shall not exceed two million eight hundred fifty-seven thousand eight hundred thirty-five dollars, including not more than sixty-nine positions............................ 3,220,873 1104-1091 The department of procurement and general services is hereby authorized to expend revenues collected up to a maximum of seventy-eight thousand dollars from the sale of state surplus personal property, for the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of surplus property, including not more than one position................................... 78,000 1104-6601 Pursuant to section twenty-one A of chapter eight hundred eight of the acts of nineteen hundred eighty-one, chapter four hundred forty-nine of the acts of nineteen hundred eighty-four, and section four L of chapter seven ofthe General Laws, the department of procurement and general services is hereby authorized to expend revenues collected up to a maximum of two hundred fifty thousand dollars from the sale of federal surplus property, for the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of federal surplus property, including not more than six positions........................250,000 1104-6607 The department of procurement and general services is hereby authorized to expend revenues collected up to a maximum of five hundred twenty-five thousand dollars from the disposal of surplus motor vehicles including, but not limited to, state police vehicles, from vehicle accident and damage claims and from manufacturer warranties, rebates and settlements, for the purchase of motor vehicles, including not Chap. 110 more than three positions............................. 525,000 Office on Disability 1107-2400 For the office on disability; provided that not less than fifty thousand dollars of the amount appropriated herein shall be expended for arts programs for people with disabilities including, but not limited to festivals, training, education and employment training through the arts; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred eighty-six thousand one hundred twenty-three dollars, including not more than ten positions..........527,341 Federal Appropriations 1107-2450 For the purposes of a federally funded grant entitled, Client Assistance Program .................................181,730 Disabled Persons Protection Commission 1107-2500 For the disabled persons protection commission, which may include the costs of protective services pursuant to chapter six hundred fifty-five of the acts of nineteen hundred eighty-six; provided, that the disabled persons protection commission shall file with the committees on ways and means of the house and senate, by September first, nineteen hundred ninety-three, standards developed by the commission regarding the conduct of investigations of alleged abuse by said commission pursuant to the provisions of chapter nineteen C of the General Laws; provided further, that the commission shall coordinate the development of investigative standards by the department of mental health and the department of mental retardation which are consistent with the provisions of said chapter nineteen C and the regulations of the commission; provided further, that nothing contained herein shall be construed to affect the independent operation of the commission or its responsibility for independent oversight of alleged abuse pursuant to the Chap. 110 provisions of said chapter nineteen C; provided further, that, notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million seventy thousand five hundred seventy-two dollars, including not more than thirty positions........................................ 1,327,373 Department of Personnel Administration 1108-1000 For the administration of the department and the county personnel board including, but not limited to, administration of civil service examinations for state and municipal civil service titles, establishment of eligible lists, certification of eligible candidates to state and municipal appointing authorities, and technical assistance in selection and appointment to state and municipal appointing authorities; provided, that notwithstanding the provisions of paragraph (n) of section five of chapter thirty-one or of any other general or special law or rule to the contrary, the commissioner of administration shall charge a fee of twenty dollars to be collected from each applicant for a promotional civil service examination, and shall provide for the waiver of said fee in appropriate circumstances; provided further, that no funds are obligated for purposes of executive search programs except any executive search program which may be conducted pursuant to Executive Order 227 adopted on February twenty-fifth, nineteen hundred eighty-three, as amended; provided further, that the department shall administer a program of state employee unemployment manage- Chap. 110 ment, including, but not limited to, agency training and assistance; provided further, that the department also shall also administer the statewide classification system and a municipal classification system, including, but not limited to, maintaining a classification and pay plan for civil service titles within the commonwealth, in accordance with generally accepted compensation standards, and reviewing appeals for reclassification; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three million forty-nine thousand seven hundred forty-five dollars, including not more than seventy-four positions........... General Fund ...................... 50.0% Local Aid Fund...................... 50.0% 1108-1214 The department of personnel administration is hereby authorized to expend revenues collected up to a maximum of eight hundred seventy-two thousand eight hundred and seventy dollars from the fees charged for civil service examination applications for the administration of the civil service examination program by the department, including the costs of personnel................................... Civil Service Commission 1108-1011 For the administration of the civil service commission; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred seventy-nine thousand five hundred fifteen dollars, including not more than seven positions . . . 305,689 Office of Affirmative Action 1108-2500 For the office of affirmative action; provided, that expenditures made from the AA ubsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred twenty-three thousand two hundred eighty-two dollars, including not more than three positions....................168,609 3,430,908 872,870 Chap. 110 Office of Employee Relations 1108-3000 For the administration of the office of employee relations; provided, that during the negotiation of any collective bargaining agreement the commissioner of administration shall file with the house and senate committees on ways and means any and all economic proposals necessary to fund any incremental cost items to be contained in any and all collective bargaining proposals or counter proposals which the administration offers or intends to offer to the various classified public employees' unions with which it negotiates; provided further, that the nature and scope of such economic proposals shall include all fixed percentage or dollar base rate salary adjustments, non-base payments or other forms of compensation and all supplemental fringe benefits resulting in any incremental costs; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred seventy-four thousand fifty-seven dollars, including not more than eleven positions...................499,147 1108-3200 For the purposes of the commonwealth's contributions for the fiscal year nineteen hundred ninety-four to health and welfare funds established pursuant to certain collective bargaining agreements; provided, that said contributions shall be calculated as provided in the applicable collective bargaining agreement, and shall be paid to such trust funds on a monthly basis, or on such other basis as the applicable collective bargaining agreement provides .............. 13,854,014 Massachusetts Teachers' Retirement Board 1108-4010 For the administration of the bureau of teachers' retirement; provided, that the General Fund shall be reimbursed for the amount of this appropriation pursuant to clause (a) of subdivision (7) of section twenty-two of chapter thirty-two of the General Laws, as amended by chapter one hundred thirty eight of the acts of nineteen hundred ninety-one; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs assoc- Chap. 110 iated with the purposes of the programs funded herein shall not exceed one million twelve thousand six hundred ninety-four dollars, including not more than thirty-two positions ... 1,237,900 GROUP INSURANCE COMMISSION AGENCY MISSION To provide life, health, and other insurance benefits to active and retired employees and dependents. STATUTORY REFERENCES Enabling Statute M.G.L. C.32A COMPONENT PROGRAMS 1. Administration PROGRAM 1. Administration PROGRAM MISSION To provide fiscal, managerial, legal, and systemic support for the provision of group life and health insurance benefits to active and retired employees of the commonwealth. Program Objectives 1.. Develop and coordinate a process for monitoring and improving program per-fFormance. 2. Process enrollment and coverage changes in a timely manner. Performance Measures 1. Program improvements and enhancements produced by the performance review process. 2. New enrollment and coverage changes processed at least 6 days prior to effective date of coverage or change. Expected Output 1. TBR 2. 98% 3. Ensure vendors pay claims 3a Performance standards set by 3a TBR in a timely and efficient manner according to commission and industry stand-dards. the commission and stipulated in self-insurance contracts. 3b. Annual independent audit of self-insured claims processed by administrative service organization (ASO) vendors. 3b. January 15,1994 Chap. 110 Develop audit system for evaluating health maintenance organizations (HMO) comparable to the ASO vendor audit. Negotiate and control an-ual rate adjustments with all health insurers. 5a 5b. HMO data reconciled to meet GIC contractual performance standards Estimate of comparable private sector rate increases. Actual FY95 GIC rate increase by insurer. 4. TBR 6. Report cost elements, cal- 6a FY94 report, culations, and underlying asssumptions for fiscal years 1994 and 1995 premiums. 6b. FY95 projections report. 7. Manage Group Insurance 7a Revenues generated, by Trust Fund and Rate Stabilization Reserve Fund revenues, collections and projected expenditures. fund. 8. Monitor benefits usage to identify utilization trends and areas of overuse for FY92 and estimated FY93. 9. Identify interventions for offsetting adverse utilization trends. 7b. Expenditures, by fund type and purpose. 8. Results of independent claims data analysis report on utilization and users of the Hancock Indemnity Plan, the preferred provider organization, and mental health benefits. 9a Interventions recommended to commission by claims analyst. 9b. All methods of intervention to be pursued by the commis- 5a January 15,1994 5b. April 15,1994 6a October 1,1993 6b. February 28,1994 7a TBR 7b. TBR 8. March 15, 1994 9a March 15,1994 9b. March 15, 1994 Chap. 110 10. Develop claims analysis 10. HMO claims analysis system system comparable to the developed. ASO vendor analysis. 11. Develop analysis of hos- 11. Status report submitted, pitsl finance deregulation on GIC costs. 10. TBR 11. January 30,1994 12. Promote mandatory Medi- 12. Monthly medicare enroll-care enrollment. ment trend. 12. TBR 13. Offer optional COBRA 13. COBRA enrollees compared health insurance coverage to all persons offered CO- to persons leaving state BRA coverage, service. 13. TBR 14. Monitor long term disability coverage to state employees. 15. Monitor managed pharmacy benefits. 14. GIC members electing long 14. TBR term disability coverage during FY94. 15a Prescriptions filled through 15a.TBR mail order and total cost 15b. Prescriptions filled through 15b.TBR the preferred provider organization and total cost. State Appropriations 1108-5100 For the administration program; provided, that said commission shall generate four hundred fifty thousand dollars from the percentage applicable premium allowed by the federal consolidated omnibus budget reconciliation act, as amended, and from reimbursements received pursuant to sections eight, ten B, ten C, and twelve of chapter thirty-two A of the General Laws; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million six hundred thirty-eight thousand three hundred seventy-six dollars, including not more than forty-nine positions .............. 1,811,507 Chap. 110 1108-5200 For the commonwealth's share of the group insurance premium and plan costs component of the administration program incurred in fiscal year nineteen hundred and ninety-four; provided, that not more than four hundred thousand dollars shall be obligated for the evaluation and audit of said premium and plan costs; provided further, that not more than three hundred thousand dollars shall be obligated for the evaluation and negotiation of premium rates which may include rates for health benefit plans, mail order prescription drug plans and long-term disability plans; provided further, that not more than one hundred and fifty thousand dollars shall be obligated for claims utilization analysis; provided further, that the budget bureau shall charge the department of employment and training and other departments, authorities, agencies and divisions which have federal or other funds allocated to them for this purpose for that portion of the cost of the program as it determines should be borne by such funds, and shall notify the comptroller of the amounts to be transferred, after similar determination, from several state or other funds, and amounts received in payment of all such charges of such transfers shall be credited to the General Fund; provided further, that the group insurance commission shall obtain reimbursement for premium and administrative expenses from other non-state funded agencies and authorities; provided further, that notwithstanding the provisions of section twenty-six of chapter twenty-nine of the General Laws, the commission is hereby authorized to negotiate, purchase and execute contracts prior to July first of each year for a policy or policies of group insurance as authorized by chapter thirty-two A of the General Laws; provided further, that the commonwealth's share of the group insurance premium for active and retired state employees as provided in section eight of said chapter thirty-two A and for the purposes of section fourteen of said chapter thirty-two A shall be ninety percent of the total monthly premiums and rates as established by the commission; provided further, that after July thirty-first, nineteen hundred and ninety-three, the commonwealth's share of such premium for active state employees shall be eighty-five percent of such premiums and rates; Chap. 110 provided farther, that active employees of the Massachusetts bay transportation authority and of regional transit authorities shall pay ten percent of the total monthly premium and rates as established by the commission; provided farther, that after July thirty-first, active employees of the Massachusetts bay transportation authority and of regional transit authorities shall pay fifteen percent of such premiums and rates; provided farther, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother; provided farther, that the commission shall notify the house and senate committees on ways and means by April fifteenth of each year, of the commonwealth's actual cost of its share of group insurance premiums for the next fiscal year; and provided farther, that for the purpose of accommodating the delayed receipt of revenues to be retained in item 1108-5300, an amount not to exceed two million dollars may be transferred from item 1108-5200 to item 1108-5300, provided that all excess revenues, if any, shall be returned to item 1108-5200, from retained revenues otherwise authorized to be credited to 1108-5300, no later than June thirtieth, nineteen hundred and ninety-four .... 432,094,166 1108-5220 For the mail order prescription drug component of the administration program ................................ 14,407,668 1108-5230 For the prior year payments component of the administration program for costs incurred through the state indemnity health insurance plan; provided, that the commission shall submit a payment schedule to the house and senate committees on ways and means, as necessary, for approval; provided further, that no funds may be expended from this item prior to the approval of said schedule; and provided farther, that expenditures from this item shall be made only for the purposes expressly stated herein..................... 40,482,244 1108-5300 For the elderly governmental retired employees premium component of the administration program; provided, that the commission is hereby authorized to expend revenues collected up to a maximum of two million nine hundred seventy-seven thousand one hundred and seventy-one dollars, from charges to cities, towns or districts for the group insurance premium for certain retired employees and their Chap. 110 dependents, and the audit of said premium; provided further, that notwithstanding any other provisions of this section, any remaining balance at the end of fiscal year nineteen hundred and ninety-three of the amounts available to be expended without further appropriation shall not revert to the General Fund, but shall be available for the purposes provided herein during fiscal year nineteen hundred and ninety-four; and provided further, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother 1108-5400 For the retired municipal teacher's premium component of the administration program and the audit of said premium; and provided further, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother............... Local Aid Fund..................... 100.0% Public Employee Retirement Administration 1108-6100 For the administration of the public employee retirement administration, including the establishment of regional medical panels, pursuant to chapter six hundred ninety-seven of the acts of nineteen hundred eighty-seven, and for the administration of the workers' compensation costs of public employees, including the workers' compensation investigatory unit; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million seven hundred sixty-one thousand eight hundred thirty-six dollars, including not more than fifty positions............................ 3,195,601 General Fund ....................... 60.0% Local Aid Fund...................... 40.0% Division of Administrative Law Appeals 1110-1000 For the administration of the division of administrative law appeals, established by section four H of chapter seven of the General Laws; provided, that notwithstanding the provisions of any special or general laws to the contrary, the cost of services rendered to any office or agency for an appeal . 2,977,171 19,963,209 Chap. 110 shall be charged to such office or agency, such charges to include an allowance for overhead as determined by the commissioner for administration; provided further, that the payments for such services shall be paid to the General Fund; provided further, that no such service shall be provided without a written contract filed with the comptroller; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred eighty-four thousand two hundred fifty-two dollars, including not more than ten positions .............................................428,108 George Fingold Library 1120-4005 For the administration of the library; provided, that not less than one hundred thousand dollars be obligated for the purchase of books, periodicals, and microfilms to maintain a current government research library collection; provided further, that said library shall maintain regular hours of operation from nine a.m. to five p.m.; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred twenty-seven thousand five hundred forty-nine dollars, including not more than sixteen positions...........960,357 Massachusetts Commission Against Discrimination 1150-5100 For the office of the commission; provided, that all positions except clerical are exempted from the provisions of chapter thirty-one of the General Laws; provided further, that said commission shall pursue the highest rate of federal reimbursement per charge allowable; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed nine hundred sixty-eight thousand four hundred seventy-three dollars, including not more than twenty-four positions ..... 1,154,233 Chap. 110 1150-5103 For the equal employment resolution contract program, provided that any federal reimbursements received for this purpose shall be credited to the general fund .................825,000 1150-5105 For the Housing and Urban Development Fair Housing Assistance-Type I program; provided, that any federal reimbursements received for this purpose be credited to the general fund.............................................150,000 Federal Appropriations 1150-5329 For the purposes of a federally funded grant entitled, HUD Fair Housing Assistance - Type II ......................100,000 DEPARTMENT OF REVENUE AGENCY MISSION To manage revenue collections in the Commonwealth through tax administration and child support enforcement and to provide financial management assistance to local governments. STATUTORY REFERENCES COMPONENT PROGRAMS Enabling Statutes 1. Tax Administration M.G.L. c.7 § 4A 2. Child Support Enforcement M.G.L. c. 14 § 14 3. Local Services 4. Tax Abatements PROGRAM 1: Tax Administration PROGRAM MISSION To collect tax and non-tax revenues and to process individual and corporate tax returns. Program Objectives Performance Measures Expected Outputs 1. Process tax returns. 1. Total tax collections. 1. TBR 2. Collect appropriate tax re- 2. Delinquent collections. 2. TBR venues from non-filers. 3. Collect revenues through 3. Audit assessments. 3. TBR audits. Chap. 110 4. Minimize portion of reve- 4. Total collections through 4. TBR nues collected through pri- collection agencies, vate collection agencies. State Appropriations 1201-0100 For the tax administration program, including audits of certain foreign corporations; provided, that the comptroller shall transfer to the General Fund the sum of two hundred and sixty thousand dollars from the receipts of the cigarette tax in accordance with the provisions of paragraph (b) of section fourteen of chapter two hundred and ninety-one of the acts of nineteen hundred and seventy-five; provided further, that the department is hereby authorized and directed to redeploy existing personnel so as to maintain a staffing level at the western Massachusetts regional office equal to the staffing level in place as of January first nineteen hundred ninety-one; provided further, that the department may allocate an amount not to exceed two hundred fifty thousand dollars to the department of the attorney general for the purpose of the tax prosecution unit; provided further, that the department shall maintain regional offices in Pitts-field, Brockton and Hyannis for the purpose of tax collection, taxpayer assistance, small business seminars, and auditing; provided further that a minimum of four hundred twenty-five positions be allocated exclusively to auditing and verifying the correctness of returns filed, including a minimum of ninety multi-state auditors and two hundred seventy field auditors; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed sixty-nine million thirty-three thousand four hundred and fifty dollars, including not more than one thousand six hundred and eighty-three positions, not including short term seasonal employees .................................... ...... 99,122,657 General Fund ....................... 60.0% Local Aid Fund...................... 35.0% Highway Fund ....................... 5.0% Chap. 110 1201-0105 The department of revenue is hereby authorized to expend those tax revenues pursuant to the tax amnesty program established in section two seventy-six of this act in an amount not to exceed one million dollars for the administration, expenses, and personnel cost associated with the program ......................................... 1,000,000 PROGRAM 2: Child Support Enforcement PROGRAM MISSION To collect and enforce child support payment orders in order to ensure that children receive support from non-custodial parents. Program Objectives 1. Collect child support payments on behalf of Aid to Families with Dependent Children (AFDC) families. Performance Measures 1. AFDC collections. Expected Outputs 1. TBR 2. Secure health insurance for AFDC children through employers' plans of noncustodial parents. Individuals removed from Medicaid. 2. TBR 3. Collect child support payments on behalf of non-AFDC families. Non-AFDC collections. 3. TBR Establish child support orders for non-custodial parents. 4. Orders established. 4. 12,000 5. Increase the proportion of non-custodial parents in compliance with child support orders. 5a 5b. Non-custodial parents identi- 5a TBR fled compared to all non-custodial parents of the Commonwealth. Identified non-custodial par- 5b. TBR ents in compliance with child support orders. .110 State Appropriation 1201-0160 For the child support enforcement program conducted by the child support enforcement division of the department; provided, that the department may allocate these funds to the division of state police, the district courts, the probate and family court department, the district attorneys, and other state agencies for the performance of certain child support enforcement activities, and that these agencies are hereby authorized to expend such amounts for the purposes of this item; provided further, that all such allocations shall be reported to the house and senate committees on ways and means upon the allocation of said funds; provided further, that not less than four hundred thousand dollars be made available for the procurement of goods and services and the administrative costs, including the cost of personnel, associated with the enhancement and/or development of the child support computer network; provided further, that no monies appropriated for the child support computer network may be expended without the written receipt and approval from the federal government of the department's advanced planning document (APD); provided further, that federal receipts associated with said network are deposited in a revolving account to be drawn down at an enhanced rate of reimbursement and to be expended for the network; provided further, that the department shall file quarterly status reports on the progress of said network with the house and senate committees on ways and means; and provided further, that the department shall file quarterly reports with the house and senate committees on ways and means, detailing the balance, year-to-date and projected receipts, and year-to-date and projected expenditures, by subsidiary, of the child support trust fund pursuant to section nine of chapter one hundred and nineteen A of the General Laws; provided further, that the department shall file a performance report with the house and senate committees on ways and means on or before November fifteenth, nineteen hundred and ninety-three detailing current staffing levels, by function and performance indicators, including, but not limited to, AFDC and non-AFDC caseloads, collection levels, court Chap. 110 cases, paternities established, court orders established, average employee workload, federal reimbursements, projections of the aforementioned indicators for the.remainder of the fiscal year, and any deviations of current performance from previous projections; provided further, that the division shall make all reasonable efforts to maximize AFDC collections; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed twenty-three million seventy thousand seven hundred forty-three dollars, including not more than six hundred and ninety positions....... 26,105,785 PROGRAM 3: Local Services PROGRAM MISSION To oversee and provide technical assistance to local governments in the areas oi finance and financial management. Program Objectives 1. Provide financial training to municipal managers. 2. Authorize small borrowing for municipalities. 3. Review municipal budgets and approve tax rates. 4. Determine local aid going to municipalities. 5. Approve triennial municipal assessor valuations. 6. Reduce need for Municipal Finance Control Boards. Performance Measures 1. Officials trained. Expected Outputs 1. 700 2. State House Notes issued. 2. TBR 3. Tax rates set. 3. TBR 4a Municipal revenue reports 4a TBR reviewed. 4b. Local aid schedules proc- 4b. TBR essed. 5. Assessment Certifications 5. 117 granted. 6a Control boards in existence. 6a TBR 6b. Control boards dissolved. 6b. TBR Chap. 110 State Appropriations 1231-0100 For the local services program, including the administration of the bureaus of municipal data management and technical assistance, the county government finance review board, property tax, local assessment and accounts, including the expense of auditing municipal accounts where the circumstances require state assistance to accomplish a specific purpose in the protection of the public interest, for the operation of technical assistance and educational programs for financial officials of the cities and towns, for the monitoring of municipal audits performed by independent public accountants, for the supervision of the installation of accounting systems meeting generally accepted accounting principles, and for the expenses of materials which may be sold to cities and towns, including the expenses for developing and implementing a comprehensive and voluntary program of technical assistance and training for cities, towns and districts in local property tax assessment administration and accounting and financial management review; provided, that the department shall file quarterly reports with the house and senate committees on ways and means, detailing those cities, towns, and districts receiving services including the cost and nature of said services; provided further, that the department shall provide the legislature with access to the municipal data bank; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four million two hundred fifty-eight thousand ninety-one dollars, including not more than one hundred and five positions......... 5,198,486 Local Aid Fund..................... 100.0% 1231-1000 For the rate relieffund component of the local services program; provided, that funds appropriated herein shall be distributed pursuant to section twenty of this act; and provided further, that no payments or approvals shall be given or made before, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount of this appropriation ........................................... 30,000,000 Local Aid Fund..................... 100.0% Chap. 110 PROGRAM 4. Tax Abatements PROGRAM MISSION To provide reimbursements to cities and towns which have granted tax abatements to disabled and other veterans, surviving spouses, minors, the blind, and the elderly. Program Objectives Performance Measures Expected Outputs 1. Process tax abatement la. Requests received, by town, la. TBR requests. and abatement type and amount, lb. Abatements processed. lb. TBR State Appropriations 1233-2000 For the tax abatements program; provided, that cities and towns shall be reimbursed for abatements granted pursuant to clauses seventeen, twenty-two A, twenty-two B, twenty-two C, twenty-two E, and thirty-seven of section five of chapter fifty-nine of the General Laws ................. 5,200,000 Local Aid Fund..................... 100.0% 1233-2010 For the tax abatements program; provided, that cities and towns shall be reimbursed for abatements granted to certain homeowners over the age of sixty-five pursuant to the fifty-second clause of section five of chapter fifty-nine of the General Laws ................................... 3,750,000 Local Aid Fund..................... 100.0% 1233-2310 For the tax abatements program; provided, that cities and towns shall be reimbursed for taxes abated under clauses forty-one, forty-one B and forty-one C of section five of chapter fifty-nine of the General Laws; and provided further, that the commonwealth shall reimburse each city or town that accepts the provisions of clause forty-one B or forty-one C for additional costs incurred in determining eligibility of applicants under said clauses in an amount not to exceed two dollars per exemption granted ...........15,000,000 Local Aid Fund..................... 100.0% Appellate Tax Board 1310-1000 For the appellate tax board; provided, that the board schedule hearings in Barnstable, Gardner, Lawrence, Milford, Northampton, Pittsfield, Springfield, and Worcester; pro- Chap. 110 vided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million one hundred ten thousand five hundred sixty-nine dollars, including not more than twenty-six positions .......................................... 1,271,304 Department of Veterans' Services 1410-0010 For the administration of the department; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million two hundred forty-five thousand five hundred seventy-nine dollars, including not more than thirty-six positions............................. 1,553,209 1410-0012 For services to veterans, including the maintenance and operation of outreach centers; provided, that said centers shall be selected through a procedure of competitive procurement pursuant to applicable regulations; provided further, that said centers shall be distributed regionally to serve veterans throughout the commonwealth; provided further, that said centers shall provide counseling to incarcerated veterans and to Vietnam era veterans and their families who may have been exposed to agent orange; provided further, that not less than eighty thousand dollars be obligated for a contract with the Veterans Benefits Clearinghouse in Roxbury; provided further, that not less than seventy-five thousand dollars be obligated for a contract with the Veterans Northeast Outreach Center in Haverhill; provided further, that not less than seventy thousand dollars be obligated for Chap. 110 a contract with the Veterans Association of Bristol County in Fall River; provided further, that not less than sixty thousand dollars be obligated for a contract with the North Shore Veterans Counseling Center in Beverly; provided further, that not less than sixty-five thousand dollars be obligated for a contract with Nam Vets of the Cape and Islands in Hyannis; provided further, that not less than fifty-five thousand dollars be obligated for a contract with the Metrowest/Metrosouth Outreach Center in Framingham; provided further, that not less than fifty-five thousand dollars be obligated for a contract with the Outreach Center, Inc. in Pittsfield; provided further, that not less than fifty-five thousand dollars be obligated for a contract with the Montachusett Veterans Outreach Center, Inc. in Gardner; provided further, that not less than sixty thousand dollars be expended to the Holyoke Soldiers' Home; provided further, that said centers shall develop a comprehensive housing affbrdability strategy for veterans and their families; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called.........................600,000 1410-0013 For the purpose of providing matching funds to a federal grant under Title IV-C of the Jobs Training Partnership Act, an employment and training program for Vietnam, minority, disabled and recently discharged veterans; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost ex- Chap. 110 ceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called ...................................135,741 1410-0100 For the elder affairs revenue maximization project, which shall maximize revenues by identifying individuals who are eligible for veterans' pensions and are currently receiving home care and home health services; provided, that the department of veterans' services shall enter into an interagency service agreement with the executive office of elder affairs not later than August first, nineteen hundred ninety-three to determine the methods for recovering said pensions; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called..........................80,000 1410-0250 For homelessness services, including the maintenance and operation of homeless shelters and transitional housing for veterans; provided, that not less than one million one hundred and sixty-five thousand dollars be obligated for a contract with the New England Shelter for Homeless Veterans located in Boston; provided further, that not less than one hundred twenty-five thousand dollars be obligated for a contract with the Central Massachusetts Shelter for Homeless Veterans located in Worcester; provided further, that not less than sixty thousand dollars be obligated for a contract with the Southeast Massachusetts Veterans' Housing Program, Inc., located in New Bedford; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hun- Chap. 110 dred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called ................................. 1,350,000 1410-0300 For the payment of annuities to certain disabled veterans........122,500 1410-0400 For reimbursing cities and towns for money paid for veterans' benefits and for payment to certain veterans in accordance with the following formula: seventy-five percent to be reimbursed by the commonwealth and twenty-five percent to be reimbursed by the cities and towns................... 12,948,783 Local Aid Fund..................... 100.0% Federal Appropriations 1410-0014 For the purpose of a federally funded grant entitled, Job Training Partnership Act................................. 160,000 Reserves 1599-0002 For contributions toward the maintenance of the old provincial state house.......................................1,500 1599-0013 For a reserve for the cities and towns'unemployment health insurance contributions due under section fourteen G of chapter one hundred fifty-one A of the General Laws; provided, that the commissioner of the department of employment and training shall provide to the secretary of administration and finance and the house and senate committees on ways and means quarterly estimates of the contributions due; and provided further, that upon approval of the secretary of administration and finance, the treasurer shall transfer funds from this account to the medical security trust fund established in chapter one hundred eighteen F of the General Laws.................................... 3,800,000 Local Aid Fund..................... 100.0% 1599-0035 For certain debt service contract assistance to the Massachusetts convention center authority in accordance with the provisions of section thirty-nine I of chapter one hundred ninety of the acts of nineteen hundred eighty-two........ 10,545,598 1599-0036 For the expenses of the Massachusetts convention center authority......................................... 7,847,000 Chap. 110 Massachusetts Tourism Fund .......... 100.0% 1599-0093 For contract assistance to the water pollution abatement trust for debt service obligations of the trust, in accordance with the provisions of section six A of chapter twenty-nine C of the General Laws, as amended in section twelve of chapter two hundred three of the acts of nineteen hundred ninety-two ............................................ 8,000,000 Local Aid Fund..................... 100.0% 1599-3384 For a reserve for the payment of certain court judgements, settlements and legal fees, in accordance with regulations promulgated by the comptroller, filed with the house and senate committees on ways and means, which were ordered to be paid in fiscal year nineteen hundred ninety-four or a prior fiscal year and which derive from causes of action initiated in said fiscal year........................... 10,000,000 1599-9010 For reimbursement to the town of Easthampton for an asbestos project including removal and encapsulation notwithstanding the failure of said town to timely file any required forms with the department of occupational hygiene; and provided, that notwithstanding any general or special law to the contrary, the department of occupational hygiene and the department of education shall accept the application of said town..........................................93,488 Local Aid Fund..................... 100.0% 1599-9100 For a reserve for pension costs associated with the local teachers' early retirement program pursuant to section eighty-three of chapter seventy-one of the acts of nineteen hundred ninety-three; provided, that the Massachusetts teachers' retirement board shall not later than August fifteenth, nineteen hundred ninety-three, certify to the comptroller the amount neccessary to meet the cost of said program in the fiscal year ending June thirtieth, nineteen hundred ninety-four, and the comptroller shall thereupon allocate the balance in this account as follows: (1) forty percent shall be made available to early childhood education, line item 7030-1000, (2) twenty percent shall be made a-vailable to head start, line item 7030-1500, and (3) notwithstanding section ninety-six of said chapter seventy-one, the balance shall fund, and shall constitute complete satisfaction of, the commonwealth's obligation for tuition payments to the city, town or regional school district for school aged Chap. 110 children placed by, or under the control of, the department of public welfare or the department of social services under the provisions of sections seven and nine of chapter seventy-six of the General Laws, other than in their home town . . 20,000,000 Local Aid Fund...............................................100% EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 2000-0100 For the office of the secretary, including the water resources commission, coastal zone management, the review of environmental impact reports pursuant to chapter thirty of the General Laws, a geographic information system for environmental data in Massachusetts, and a mosquito-borne disease vector control program; provided, that the secretary of the executive office of environmental affairs is hereby authorized to enter into interagency agreements with any state agency within the executive office of environmental affairs whereby the agency may render data processing services to said secretary; provided further, that the comptroller is hereby authorized to allocate the costs for such data processing services to the several state and other funds to which items of appropriation of such agencies are charged; provided further, that said secretary shall file with the house and senate committees on ways and means by October first nineteen hundred and ninety-three, a study detailing a state-wide plan for allocation of the Clean Environment Fund pursuant to section three hundred and twenty three F of chapter ninety-four of the General Laws; provided further, that at least fifty-five thousand dollars must be expended on printing of the MEPA monitor; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million twelve thousand one hundred twelve dollars, including not more than fifty-four positions . . 2,327,549 General Fund ....................... 60.0% Local Aid Fund...................... 40.0% 2001-1001 The secretary of environmental affairs may expend an amount not to exceed one hundred thousand dollars accrued from the rendering of data processing services to state agencies, authorities and units of government within the common- Chap. 110 wealth, the distribution of digital cartographic and other data, and the review of environmental notification forms pursuant to the Massachusetts environmental policy act ......100,000 2010-0100 For the recycling coordination program for the operation of the Springfield recycling facility; provided, that not less than one hundred thousand dollars shall be expended for a public education campaign encouraging participation in existing curbside pick-up recycling programs in the city of Boston........................................ 1,950,000 Clean Environment Fund............. 100.0% 2020-0100 For the purposes of the office of toxics use reduction assistance and technology, in accordance with the provisions of chapter twenty-one I of the General Laws; provided, that a field team of technical assistance advisors be located in donated space at the university of Massachusetts at Amherst; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million thirty-one thousand five hundred eighty-five dollars, including not more than twenty-eight positions.............................. 1,829,313 Toxics Use Reduction Fund ........... 100.0% 2050-0100 For the hazardous waste facility siting program, in accordance with the provisions of chapter twenty-one D of the General Laws; provided, that the awarding of any technical assistance grant shall require the prior approval of the secretary of the executive office of environmental affairs; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred twenty-two thousand four hundred sixty-two, including not more than three positions ..........172,242 2060-0100 For the purpose of implementing the management plan adopted pursuant to section twelve of chapter one hundred eleven H of the General Laws and for carrying out the powers and duties conferred by said chapter one hundred eleven H; provided, that amounts appropriated herein are reimbursed by the low level Radioactive Waste Management Fund on or before June thirtieth, nineteen hundred ninety-four; provided further, that expenditures made from the AA subsid- Chap. 110 iary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred nineteen thousand five hundred seventy-five dollars, including not more than seven positions..........................................500,000 Federal Appropriations 2000-0141 For the purposes of a federally funded grant entitled, Coastal Zone Management Development ..................... 1,784,000 2000-0144 For the purposes of a federally funded grant entitled, Assessment of Sand Inside Plymouth Bay.......................25,000 2000-0145 For the purposes of a federally funded grant entitled, Coastal Zone Management Interstate Grant ................55,000 2000-0148 For the purposes of a federally funded grant entitled, Massachusetts Bay National Estuary Project ................. 2,064,377 2000-0149 For the purposes of a federally funded grant entitled, Gulf of Maine Data and Information Management ................221,045 2000-0152 For the purposes of a federally funded grant entitled, Pollution Prevention Technical Assistance to Publicly-Owned Treatment Works...................................100,000 2000-9701 For the purposes of a federally funded grant entitled, Hazardous Waste - Small Generators...........................24,770 2000-9702 For the purposes of a federally funded grant entitled, Environmental Data Integration ...............................26,217 2000-9704 For the purposes of a federally funded grant entitled, Pollution Prevention Merrimack River System ..................49,674 2000-9722 For the purposes of a federally funded grant entitled, Coordination of Environmental Programs - NERBC...............1,926 2000-9731 For the purposes of a federally funded grant entitled, Buzzards Bay Project- Comprehensive Estuarine Management.......300,000 2030-9701 For the purposes of a federally funded grant entitled, Outdoor Recreation Projects................................ 3,000,000 Department of Environmental Management 2100-0005 For the department of environmental management pursuant to the purposes of sections eighty-five and eighty-eight of chapter thirty-three of the acts of nineteen hundred ninety-one; provided, that not less than two hundred fifty thousand dollars shall be made available for the dredging of the Chap. 110 Cole river, provided further, that not less than twenty-six thousand dollars shall be expended for emergency repairs to the mill pond dam in the town of Mansfield; provided further, that one hundred thousand dollars shall be provided for matching funds for a feasibility study of improvement of the muddy river located in the city of Boston and the town of Brookline by the United States army corps of engineers as provided for in the United States Public Law 102-866; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six hundred thirty-five thousand two hundred forty-two dollars, including not more than fifteen positions................ 2,767,618 Harbors and Inland Water Maintenance Fund.................. 100.0% 2100-1000 For the administration of the department; provided, that ex-expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million thirty-eight thousand nine hundred fifty-eight dollars, including not more than twenty-eight positions, not including year round seasonals......................... 2,374,163 Local Aid Fund.................... 100.0% 2100-2000 For the resource conservation and protection program to protect and manage the department's lands and other natural resources; provided, that funds appropriated herein shall be used to fund forest and parks conservation services and the bureau of forestry development; provided further, that a sum not to exceed sixty thousand dollars be expended for the administration of the Martha's Vineyard commission; Chap. 110 provided further, that no funds from this item shall be made available for payment to true seasonal employees, so-called; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six million nine hundred twenty-five thousand six hundred twenty-five dollars, including not more than one hundred eighty-nine positions, not including year round seasonals .................... 7,610,821 Local Aid Fund...................... 90.0% Highway Fund ...................... 10.0% 2100-3000 For the recreation program; provided, that funds appropriated herein shall be used to operate all department parks, heritage state parks, reservations, campgrounds, beaches, rinks and pools; provided further, that no funds from this item shall be made available for true seasonal employees, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven million seven hundred eighty-nine thousand eight hundred seventy-four dollars, including not more than two hundred and forty-five positions, not including year round seasonals .............. 10,366,852 Local Aid Fund...................... 90.0% Highway Fund ...................... 10.0% 2100-3010 For the seasonal hires of the department for the summer and fall seasonal programs, including hires for the fire control unit; provided, that of the total amount appropriated herein no funds shall be made available for year-round seasonal employees, so called; provided further, that expenditures Chap. 110 made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three million one hundred thirty-three thousand five hundred thirty dollars ...... 3,133,530 Local Aid Fund...................... 90.0% Highway Fund ...................... 10.0% 2100-3011 For the seasonal hires of the department for the winter and spring seasonal programs, including hires for the fire control unit; provided, that of the total amount appropriated herein no funds shall be made available for year round seasonal employees, so-called; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million two hundred seventeen thousand six hundred ninety-nine dollars ............................................ 1,217,699 Local Aid Fund...................... 90.0% Highway Fund ...................... 10.0% Federal Appropriations 2120-9701 For the purposes of a federally funded grant entitled, Rural Community Fire Protection.............................42,000 2120-9707 For the purposes of a federally funded grant entitled, Urban and Community Forestry .............................330,000 2120-9708 For the purposes of a federally funded grant entitled, Improved Wood Utilization ..............................85,000 2121-9709 For the purposes of a federally funded grant entitled, Forestry Planning........................................334,000 2121-9710 For the purposes of a federally funded grant entitled, Rural Fire Protection - Training and Excess Property.............145,000 2121-9750 For the purposes of a federally funded grant entitled, Insect Disease Control - Gypsy Moth Suppression ................35,000 2130-9703 For the purposes of a federally funded grant entitled, Washington Mt. Brook Watershed Project ....................250,000 2130-9705 For the purposes of a federally funded grant entitled, SUASCO Watershed Flood Control Reservoir..............45,000 2130-9721 For the purposes of a federally funded grant entitled, In-streamFlow Study for Sudbury, Assabet and Concord Rivers ...............................................40,000 Chap. 110 2140-9705 For the purposes of a federally funded grant entitled, Wa- quoit Bay National Estuarine Research Reserve .............35,000 2140-9707 For the purposes of a federally funded grant entitled, Wa- quoit Bay - Characterization Projects.....................30,000 2140-9708 For the purposes of a federally funded grant entitled, Wa- quoit Bay - Operating Costs...........................106,000 2140-9711 For the purposes of a federally funded grant entitled, SB A Tree Planting Program...............................350,000 Department of Environmental Protection 2200-0100 For the administration of the department, including the division of water pollution control, the division of water supply, the division of solid waste, the division of hazardous waste, the division of wetlands and waterways, the division of air quality control, the Lawrence experimental station, and a contract with the university of Massachusetts for environmental research; notwithstanding the provisions of section three hundred twenty-three F of chapter ninety-four of the General Laws; provided, that the provisions of section three B of chapter seven of the General Laws, as amended by section four of chapter six of the acts of nineteen hundred and ninety-one shall not apply to fees established pursuant to section eighteen of chapter twenty-one A of the General Laws; provided further, that not more than ninety thousand dollars shall be made available to the town of Newbury for the exploration of new technology for landfill mining; provided further, that said town agrees to make available to the department any and all engineering reports, summaries and other related information; provided further, that enactment of this act and the appropriations made available by this act to the department of environmental protection shall be deemed a determination, pursuant to sub-section (m) of section eighteen of chapter twenty-one A of the General Laws, that said appropriations for ordinary maintenance of said department from state funds other than the environmental challenge fund and the Environmental Permitting Compliance Fund are comparable to the baseline figure, as defined in said sub-section, based on inflation, the depart- Chap. 110 ment's demonstrated program improvements and efficiencies in areas other than those supported by fees and added or reduced programmatic responsibilities of the department; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed nineteen million three hundred thirty-two thousand eight hundred ninety-three dollars ............ 25,909,827 General Fund ....................... 54.0% Clean Environment Fund............... 15.0% Environmental Permitting and Compliance Fund .................... 31.0% 2210-0100 For the implementation and administration of chapter twenty-one I of the General Laws; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eight hundred sixty-seven thousand twelve dollars, including not more than nineteen positions...................................953,897 Toxics Use Reduction Fund ........... 100.0% 2220-1000 For the bureau of municipal facilities program pursuant to the provisions of chapter two hundred seventy-five of the acts of nineteen hundred eighty-nine, as most recently amended by chapter two hundred three of the acts of nineteen hundred ninety-two; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred seven thousand forty-four dollars, including not more than eight positions.........427,744 Local Aid Fund..................... 100.0% 2220-2205 For the administration and implementation of the federal Clean Air Act including the volatile organic compounds, or oxides of nitrogen reasonable available control technology requirements program and the operating permit program, including not more than nine positions ...................450,217 Clean Air Act Compliance Fund........ 100.0% 2260-8870 For the expenses of the hazardous waste cleanup and underground storage tank programs; notwithstanding the provisions of section three hundred twenty-three F of chapter ninety-four of the General Laws and section two K of chap- Chap. 110 ter twenty-nine of the General Laws and section four of chapter twenty-one J of the General Laws; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed twelve million four hundred fifty-three thousand one hundred sixty-nine dollars, including not more than two hundred and ninety-eight positions...................... 15,002,809 Environmental Challenge Fund.......... 32.0% Clean Environment Fund............... 42.0% Toxics Use Reduction Fund ............ 10.0% Underground Storage Tank Petroleum Product Cleanup Fund ................ 16.0% Federal Appropriations 2200-9704 For the purposes of a federally funded grant entitled, Solid Waste Disposal - Conservation and Recovery............ 1,755,000 2200-9705 For the purposes of a federally funded grant entitled, Underground Water Source Protection Program ................100,000 2200-9706 For the purposes ofa federally funded grant entitled, Water Quality Management Planning .........................975,000 2200-9709 For the purposes of a federally funded grant entitled, Massachusetts Multi-Site Cooperative Agreement......... ......950,000 2200-9712 For the purposes ofa federally funded grant entitled, Cooperative Agreement - Leaking Underground Storage Tank Program .............................................900,000 2200-9715 For the purposes of a federally funded grant entitled, Core Cooperative Agreement Cercla Implementation Support . .......350,000 2200-9716 For the purposes ofa federally funded grant entitled, Development of Donna Road Aquifer as a Public Water Supply....... 300,000 2200-9717 For the purposes ofa federally funded grant entitled, D.O.D. Environmental Restoration............................778,000 2200-9718 For the purposes ofa federally funded grant entitled, Nyanza Coop Agreement ....................................50,000 2200-9740 For the purposes ofa federally funded grant entitled, Municipal Training Program.................................5,000 2240-9707 For the purposes ofa federally funded grant entitled, 1991 Water Pollution Control Program ....................... 2,000,000 Chap. 110 2240-9709 For the purposes of a federally funded grant entitled, Clean Lakes Program.....................................343,000 2240-9710 For the purposes of a federally funded grant entitled, State Management Assistance Grant........................... 1,321,000 2240-9718 For the purposes of a federally funded grant entitled, NPS New Management Plan ...................................50,000 2240-9719 For the purposes of a federally funded grant entitled, Lake Water Quality Assessment...............................125,000 2240-9721 For the purposes of a federally funded grant entitled, Water Quality Implementation ..............................113,000 2240-9722 For the purposes of a federally funded grant entitled, Non-Point Source (319H-2) ...................................510,000 2240-9723 For the purposes of a federally funded grant entitled, Non-Point Source (319H-3) ...................................575,000 2240-9732 For the purposes of a federally funded grant entitled, Wetlands Protection 401C Assessment .......................... 59,000 2240-9733 For the purposes of a federally funded grant entitled, Public Outreach .............................................14,000 2240-9734 For the purposes of a federally funded grant entitled, Pollution Prevention.........................................17,000 2240-9735 For the purposes of a federally funded grant entitled, Blackstone, Sewer/Stormwater Combined ........................ 225,000 2250-9701 For the purposes of a federally funded grant entitled, Public Water Supply Supervision Program.........................632,000 2250-9704 For the purposes of a federally funded grant entitled, Toxic Use Reduction........................................136,000 2250-9710 For the purposes of a federally funded grant entitled, Statewide Air Pollution Control Program....................... 4,500,000 Department of Fisheries, Wildlife and Environmental Law Enforcement 2300-0100 For the office of the commissioner; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred fifty-six thousand three hundred one dollars, including not more than eleven positions ........ ...........................499,882 General Fund....................... 50.0% Environmental Law Enforcement Fund ... . 12.5% Inland Fisheries and Game Fund......... 12.5% Marine Fisheries Fund......... ....... 12.5% Chap. 110 Public Access Fund................... 12.5% 2300-0101 For a program of riverways protection, restoration and promotion of public access to rivers; provided, that the positions shall not be subject to the provisions of chapter thirty-one of the General Laws; provided further, that not less than fifteen thousand dollars shall be expended for the purpose of funding the cost share match of an investigation required preliminary to a comprehensive study to evaluate and correct the water quality and related problems of the blackstone river under the United States army corps of engineers, section twenty-two planning assistance to the states program; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred sixty-two thousand four hundred sixty-five dollars, including not more than five positions................245,514 Public Access Fund.................100.0% Federal funds received as reimbursements for expenditures from the following items shall be credited as income to the Inland Fisheries and Game Fund. 2310-0200 For the administration of the division of fisheries and wildlife, including expenses of the fisheries and wildlife board, the administration of game farms and wildlife restoration projects, for wildlife research and management, the administration offish hatcheries, the improvement and management of lakes, ponds and rivers, for fish and wildlife restoration projects, the commonwealth's share of certain cooperative fishery and wildlife programs, and for certain programs reimbursable under the federal aid to fish and wildlife restoration act; provided, that an amount shall be used by the university of Massachusetts at Amherst for the purposes of wildlife and fisheries research; provided further, that expenditures for such programs shall be contingent upon prior approval of proper federal authorities for reimbursement of at least seventy-five percent of the amount expended; provided further, that not more than two hundred thousand dollars of the sum appropriated herein may be obligated for a program of acid rain monitoring; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four million two Chap. 110 hundred six thousand nine hundred ten dollars, including not more than one hundred and thirty-two positions......... 6,352,712 Inland Fisheries and Game Fund........ 100.0% 2310-0316 For the purchase of land containing wildlife habitat and for the the costs of the division of fisheries and wildlife directly related to the administration of the wildlands stamp program pursuant to sections two and two A of chapter one hundred thirty-one of the General Laws.......................2,000,000 Inland Fisheries and Game Fund........ 100.0% 2310-0317 For a waterfowl management program established pursuant to section eleven of chapter one hundred thirty-one of the General Laws........................................ 123,000 Inland Fisheries and Game Fund........ 100.0% 2310-0500 For the expenses of a state-funded program in natural heritage and environmental assessment; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred two thousand five hundred sixty-six dollars, including not more than five positions ................... ........................ 216,964 Inland Fisheries and Game Fund........ 50.0% Natural Heritage and Endangered Species Fund ....................... 50.0% 2315-0100 For the administration of a program of non-game management and research; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred twenty-seven thousand nine hundred eighty-five dollars, including not more than three positions..........................................401,383 Natural Heritage and Endangered Species Fund ...................... 100.0% 2320-0100 For the administration of the board; provided, that positions funded herein shall not be subject to the provisions of chapter thirty-one of the General Laws; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred sixty-nine thousand four hundred thirty dollars, including not more than six positions.............................. 223,830 Public Access Fund.................. 100.0% Chap. 110 2320-0200 For the maintenance, operation, acquisition, and improvement of public access land and water areas, as authorized by section seventeen A of chapter twenty-one of the General Laws .. 600,000 Public Access Fund.................. 100.0% 2330-0100 For the marine fisheries program, including expenses of the cat cove marine research laboratory, marine research program, a commercial fisheries program, a shellfish management program including coastal area classification, mapping activities, and technical assistance, and for the operation of the Newbur-yport shellfish purification plant and shellfish classi-fication program; provided, that the division shall be directed to conduct a study of the effect of the existing level of squid fishing on other fishery resources in the waters of the Commonwealth, especially in Vineyard and Nantucket Sound, said study to be completed on or before July first, nineteen hundred ninety-four; provided further, that three hundred thousand dollars be expended on a recreational fisheries program to be reimbursed by federal funds; provided further, that the Newburyport shellfish purification plant shall generate not less than one hundred fifteen thousand dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three million fifty-seven thousand four hundred and thirty-seven thousand dollars, including not more than ninety-four positions ........................................... 3,465,983 Marine Fisheries Fund................ 100.0% 2330-0311 The division of marine fisheries of the department of fisheries, wildlife, and environmental law enforcement may expend an amount not exceeding seven hundred thousand dollars from revenues accrued from federal reimbursements, from the Federal Aid in Sportfish Restoration Act, as defined in 16 USC 777-777k, the Wallop/Breaux Fund, so called, and not more than one hundred thousand dollars from revenues generated from chapter one hundred thirty, sections eighty and eighty-three of the General Laws, for a program of enhancement and development of marine recreational fishing and related programs and activities including the cost of equipment maintenance, staff, and the maintenance and updating of data........800,000 Marine Fisheries Fund................ 100.0% 2350-0100 For the administration and operations of the division of environmental law enforcement program; provided, that each county Chap. 110 in the commonwealth shall be assigned at least one full time environmental officer; provided further, that additional officers will be assigned to the boat theft task force and shall generate at least four hundred thousand dollars in revenue to the General Fund; provided further, that not more than twenty thousand dollars shall be expended on the expansion of the communications network to complete an analysis of joining a statewide communications system with the executive office of public safety; provided further, that additional officers shall be assigned to vacant patrol districts and shall provide monitoring pursuant to the national shellfish sanitation program; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five million one hundred twenty-three thousand eight hundred thirty-seven dollars, including not more than one hundred forty-seven positions................. 6,584,273 Environmental Law Enforcement Fund .... 65.0% Inland Fisheries and Game Fund......... 15.0% Highway Fund ...... ............... 10.0% General Fund ....................... 10.0% 2350-0101 For the hunter safety training program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seventy-nine thousand seven hundred sixty-eight dollars, including not more than three positions..................................169,468 Inland Fisheries and Game Fund........ 100.0% Federal Appropriations 2300-0102 For the purposes of a federally funded grant entitled, Non-Point Source Information and Education ......................17,450 2300-9884 For the purposes of a federally funded grant entitled, Taunton River Basin Erosion Control .......................... 10,000 2300-9885 For thepurposesof a federally funded grant entitled, SUASCO Watershed National Rivers Study Technical Support .........34,000 2300-9886 For the purposes of a federally funded grant entitled, Assabat River Riparian Mapping Project......................... 9,925 2300-9887 For the purposes of a federally funded grant entitled, Riparian Wetlands Protection Planning and Management Decision Support System .....................................29,450 Chap. 110 2330-9706 For the purposes of a federally funded grant entitled, Extended Fisheries Jurisdiction..................................5,000 2330-9709 For the purposes of a federally funded grant entitled, Commercial Fisheries Research and Development ..................51,700 2330-9712 For the purposes of a federally funded grant entitled, Commercial Fisheries Statistics ........................... 127,321 2330-9714 For the purposes of a federally funded grant entitled, Commercial Fisheries Extension.................................6,000 2330-9718 For the purposes of a federally funded grant entitled, Characterization of Striped Bass Landing...........................2,000 2330-9719 For the purposes of a federally funded grant entitled, Fisheries Resource Assessment .................................1,000 2330-9721 For the purposes of a federally funded grant entitled, Anadro- mous Fish Management ...............................69,000 2330-9722 For the purposes of a federally funded grant entitled, PCB Monitoring & Finfish Diseases Research: Buzzards Bay............. 500 2340-9701 For the purposes of a federally funded grant entitled, Safe Boating Program.......................................600,000 The Metropolitan District Commission 2410-1000 For the administration of the commission; provided, that the bureau of metropolitan operations of the department of state police shall enter into an interagency agreement with the commission pursuant to police coverage on commission properties and parkways; provided further, that the bureau shall reimburse the commission for costs incurred by the commission including, but not limited to, the maintenance and repairs to the bureau's vehicles, the operation of buildings in which the bureau resides, and other related costs; provided further, that notwithstanding the provisions of section three B of chapter seven of the General Laws as most recently amended by section four of chapter six of the acts of nineteen hundred and ninety-one, the commissioner of the department is hereby authorized and directed to establish or re-negotiate fees, licenses, permits, rents, leases, and to adjust or develop other revenue sources to fund the maintenance, operation, and administration of the commission; provided further, that an annual report be submitted to the house and senate committees on ways and means regarding fee adjustments no later than February first, nineteen hundred ninety-four; provided further, that notwithstanding the provisions of any administra- Chap. 110 tive bulletin, general or special law to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the department of procurement and general services; provided further, that no funds shall be expended for personnel overtime costs; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred eighty-six thousand nine hundred and ninety-three dollars, including not more than twenty-four positions ........... 1,208,745 Local Aid Fund...................... 75.0% Highway Fund ...................... 25.0% 2410-1001 The commission is hereby authorized to expend for the operation and maintenance of the commission's telecommunications system, one hundred thousand dollars from revenues received from the Massachusetts water resources authority, the Massachusetts convention center, the department of highways central artery/third harbor tunnel project, so called, the bureau of metropolitan operations of the department of state police, and quasi-public and private entities through a system of user fees and other charges established by the commissioner; provided, that nothing in this section shall impair or diminish the rights of access and utilization of all current users of the system pursuant to agreements which have been entered into with the commission; and provided further, that this item may be reimbursed by political subdivisions of the commonwealth and private entities for direct and indirect costs expended by the commission to maintain its telecommunications system............... ..................100,000 2420-1400 For the watershed management program to operate and maintain reservoirs, watershed lands, and related infrastructure of the commission; provided, that expenses incurred in other commission programs to assist the watershed management program may be charged to this line-item; provided further, that no water shall be diverted from the Connecticut river by the metropolitan district commission or the Massachusetts water resources authority; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four million eight hundred fifty-two thousand seven hundred ninety-four dollars, including not more than one hundred fifty-nine posi- Chap. 110 tions.......................................... 10,320,866 Watershed Management Fund.......... 100.0% 2440-0010 For the administration of the metropolitan district commission parks and recreation division; provided, that fifteen thousand dollars be allocated for the continued scientific monitoring of the aquatic weed control and herbicide application in the area known as Ware's Cove on the Charles River; provided further, that no funding shall be made available from this item for true seasonal employees, so-called; provided further, that said commission is hereby directed to study the feasibility of acquiring Wilson Mountain, so-called, in the town of Dedham for conservation purposes, and make a report of its findings to the general court within ninety days after the effective date of this act; provided further, that notwithstanding the provisions of any general or special law to the contrary, all offices and positions shall be subject to classification under sections forty-five to fifty, inclusive, of chapter thirty of the General Laws; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not ex-ceed fourteen million eight hundred sixty-two thou-sand eight hundred twenty-eight dollars, including not more than three hundred and eight positions, not including year round seasonals...........................22,395,251 Local Aid Fund...................... 40.0% Highway Fund ...................... 60.0% 2440-0045 For payment to the city of Boston for maintenance and operation of the James Michael Curley recreation center......... 286,232 Local Aid Fund..................................... 100.0% 2440-2000 For the snow and ice control component of the integrated metropolitan services, including the costs of personnel .........574,375 Highway Fund ..................... 100.0% 2440-3000 For the extended rink season component of the integrated metropolitan services program, including the costs of personnel.....500,000 Local Aid Fund...... .............. 100.0% 2440-4000 For maintenance, equipment or capital improvement of the Ponkapoag golf course, pursuant to section two U of chapter twenty-nine of the General Laws ...................... 450,000 Ponkapoag Recreational Fund.......... 100.0% 2440-4500 For the maintenance and operating expenses of the Leo J. Martin golf course, including the costs of year round and true seasonal employees, so-called, pursuant to section two U of Chap.110 chapter twenty-nine of the General Laws; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred thousand dollars....................................300,000 Leo J. Martin Recreation Fund......... 100.0% 2440-5000 For the seasonal hires of the commission for the summer and fall seasonal programs; provided, that of the total amount appropriated herein no funds shall be made available for year round seasonal employees, so-called; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million seven hundred forty-four thousand four hundred six dollars .... 2,744,406 Local Aid Fund...................... 40.0% Highway Fund ...................... 60.0% 2440-6000 For the seasonal hires of the commission for the winter and spring seasonal programs; provided, that of the total amount appropriated herein no funds shall be made available for year round seasonal employees, so-called; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six hundred sixty-six thousand two hundred ninety-four dollars........... 666,294 Local Aid Fund...................... 40.0% Highway Fund ...................... 60.0% 2443-2000 For the operation and administration of the commonwealth zoological corporation, pursuant to chapter ninety-two A of the General Laws.................................... 2,000,000 Local Aid Fund.......................100% 2444-9001 For the construction, reconstruction, and improvement of boulevards, parkways, bridges, and related appurtenances...... 877,432 Highway Fund .................... 100.0% 2444-9004 For certain payments for the maintenance and use of the trailside museum and the chickatawbut hill center ................ 300,000 Local Aid Fund.................... 100.0% 2444-9005 For the operation of street lighting on the metropolitan district commission parkways......... ................... 2,400,000 Highway Fund :....................100.0% 2460-1000 For the construction division, including a complete engineering study and profile of the Kelly rink located in the Jamaica Chap. 110 Plain section of the city of Boston in preparation for renovation; provided, that not less than fourteen thousand dollars shall be expended for the study and design if necessary and for the cost of repairs of the Kasabuski Rink in the town of Saugus including, but not limited to, any necessary materials and equipment; provided further, that notwithstanding the provisions of any general or special law to the contrary, all offices and positions of the division shall be subject to classification under sections forty-five to fifty, inclusive, of chapter thirty of the General Laws; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million seven hundred thousand seven hundred and seventy-nine dollars, including not more than sixty-seven positions .......................................... 2,591,848 Local Aid Fund...................... 20.0% Highway Fund ...................... 80.0% Department of Food and Agriculture 2511-0100 For the office of the commissioner, including the expenses of the board of agriculture; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred twenty-six thousand six hundred thirty-four dollars, including not more than eleven positions.................................476,803 2511-3000 For the administration of the division, including the pesticide bureau, the bureau of plant pest control and farm products, the bureau of dairying and milk marketing, the "rights of way" program, integrated pest management programs, a program of laboratory services at the university of Massachusetts at Amherst, and inspection services of the division; provided, that not less than one hundred seventy-five thousand dollars shall be expended for the integrated pest management program to provide grants for research; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million eighty-seven thousand one hundred fifty dollars, including not more than twenty-nine positions................... 1,714,455 Chap. 110 2511-4000 For the administration of the division, and for the expenses of the bureau of markets and the bureau of land use; provided, that not less than two hundred twenty-five thousand dollars be expended for the farmer's market coupon program, including the promotion of Massachusetts agriculture; provided further, that not more than one hundred and fifty thousand dollars be expended as a grant to the city of Boston for technical assistance to the haymarket association; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred fifty-four thousand three hundred thirty dollars, including not more than thirteen positions ...................................852,001 2515-1000 For the administration of the division and for the inspection of poultry products, and for the administration of the bureau of equine activities; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred twenty-three thousand four hundred forty-five dollars, including not more than fourteen positions......................................... 640,927 2518-1000 For the administration of the division; provided, that payments for state prizes and agricultural exhibits, including allotment funds for 4-H activities, may be made from this appropriation, and for the display of exhibits at certain fairs; provided further, that not less than one hundred ten thousand dollars shall be used for certain prizes; provided further, that funds shall be used for rehabilitation purposes; and provided further, that expenditures made from the AA subsidiary, so- Chap. 110 called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seventy-three thousand six hundred forty-seven dollars, including not more than two positions.................... 149,547 2520-0100 For the state reclamation board of the mosquito control program, including not more than one position.....................45,759 Mosquito and Greenhead Fly Control Fund 100.0% For the expenses of the following mosquito control projects; provided, that persons employed in these projects shall be exempt from the provisions of section twenty-nine A of chapter twenty-nine of the General Laws: 2520-0300 For the Cape Cod mosquito control program ................847,313 Mosquito and Greenhead Fly Control Fund 100.0% 2520-0900 For the Suffolk County mosquito control program ............166,859 Mosquito and Greenhead Fly Control Fund 100.0% 2520-1000 For the Central Massachusetts mosquito control program ......563,430 Mosquito and Greenhead Fly Control Fund 100.0% 2520-1100 For the Berkshire County mosquito control program........... 66,992 Mosquito and Greenhead Fly Control Fund 100.0% 2520-1200 For the Norfolk County mosquito control program .......... 423,412 Mosquito and Greenhead Fly Control Fund 100.0% 2520-1300 For the Bristol County mosquito control program............ 448,140 Mosquito and Greenhead Fly Control Fund 100.0% 2520-1400 For the Plymouth County mosquito control program.......... 564,449 Mosquito and Greenhead Fly Control Fund 100.0% 2520-1500 For the Essex County mosquito control program............. 264,290 Mosquito and Greenhead Fly Control Fund 100.0% Federal Appropriations 2511 -0310 For the purposes of a federally funded grant entitled, Pesticide Enforcement ......................................260,229 2511-0320 For the purposes of a federally funded grant entitled, Certification of Pesticide Applicators .......................... 31,000 2516-3000 For the purposes of a federally funded grant entitled, Crop Survey Report..........................................4,887 2516-9002 For the purposes of a federally funded grant entitled, Development of Institutional Marketing........................ 200,000 2516-9003 For the purposes of a federally funded grant entitled, Farmers' Market Coupon Program.............................425,000 Chap. 110 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT SECRETARIAT MISSION To direct and manage the state's housing, community development, municipal assistance and antipoverty programs to secure housing for low and moderate income people and promote sound municipal and neighborhood development. STATUTORY REFERENCES Enabling Statute M.G.L.c. 23B § 1 Housing and Urban Renewal M.G.L.C. 121Btol21C COMPONENT PROGRAMS 1. Executive Office 2. Community Development 3. Municipal Assistance 4. Neighborhood Antipoverty Development 5. Energy Assistance 6. Housing Subsidies 7. Rental Assistance 8. Private Development of Affordable Housing 9. Indian Affairs PROGRAM 1: Executive Office PROGRAM MISSION To oversee, coordinate and support the programs administered by the secretariat through policy formulation, human resource management and fiscal planning and operations. Program Objectives Performance Measures 1. Develop and coordinate a 1. Program improvements and process for monitoring and enhancements produced by improving program perform- the performance review ance. process. Expected Outputs 1. TBR 2. Oversee all financial opera- 2a Agency budget requests for tions of the secretariat to ensure compliance with Chapter 29 of the General Laws and the General Appropriation Act. 2b. Documentation submitted explaining secretariat's supplemental budget requests within 5 days of their filing by the Governor. 2a January 1,1994 FY95 filed. 2b. TBR Chap. 110 3. Pay invoices within the 3a. Invoices paid on time. 3a. 95% Comptroller's guidelines of 45 days after receipt. 3b. Interest penalty accrued on 3b. TBR late bills. 4. Receive and review appli- 4a. Applications received for 4a. TBR cations from developers of TELLER projects. low and moderate income housing for tax-exempt financing or federal tax. 4b. Applications received from 4b. TBR credits. developers for federal tax credit benefits. 4c. Projects monitored to ensure 4c. TBR compliance with IRS guidelines on tax credits applied to the development of low and moderate income housing. State Appropriations 3000-0100 For the executive office administration program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million five hundred thousand dollars, including not more than seventy-three positions ................................... 2,546,246 3000-9315 or the low income housing tax credit component of the executive office program; provided, that the executive office of communities and development may expend an amount not to exceed four hundred fifty thousand dollars accrued from fees collected for the regulation of TELLER, so-called, projects undertaken pursuant to paragraph (m) of section twenty-six of chapter one hundred twenty-one B of the General Laws, from fees collected pursuant to Executive Order No. 291, pertaining to low-income housing tax credits, and from fees collected pursuant to the rental housing development action loan program, for the costs of administering and monitoring said programs, including the costs of personnel, subject to the approval of the secretary of the executive office of communities and development................................450,000 Chap. 110 PROGRAM 2: Community Development PROGRAM MISSION To support an integrated approach to rehabilitate ailing infrastructures, revitalize neighborhoods and promote economic development in the community. Program Objectives 1. Assist communities with critical infrastructure improvements, public facility improvements, social service assistance and urban development projects. lb lc. Performance Measures la Communities receiving technical or financial assistance with urban renewal projects. Assist communities with the rehabilitation of substandard private housing stock and small business loans. Id. le. 2a 2b. 2c. 2d. Dollars in federal or private money leveraged by agency grants for public purposes. Jobs created or retained through community financial and technical assistance. Communities reimbursed for a portion of the costs related to urban development projects. Social service providers receiving grants through cities and towns. Low and moderate income housing units rehabilitated, including removal of lead paint and asbestos and correction of serious code violations. Communities assisted with small business loans. Average loan amount. Default rate on loans. Expected Outputs la 194 lb. $19,137,000 lc. 900 Id. 18 le. 200 2a 3,875 2b. TBR 2c. TBR 2d TBR State Appropriations 3022-9101 For the federally aided urban renewal component of the community development program; provided, that no new contracts shall be entered into in fiscal year nineteen hundred ninety-four...................................... Local Aid Fund..................... 100.0% 97,874 Chap. 110 3022-9102 For the non-federally aided urban renewal component of the community development program; provided, that no new contracts shall be entered into in fiscal year nineteen hundred ninety-four........................................391,123 Local Aid Fund..................... 100.0% 3022-9108 For the urban revitalization and development component of the community development program, for projects authorized pursuant to section fifty-four of chapter one hundred twenty-one B of the General Laws; provided, that notwithstanding the provisions of section fiftyrthree or fifty-seven of said chapter one hundred twenty-one B to the contrary, such funds may be provided to any agency of a city or town designated by the chief executive officer to act on behalf of the city or town; and provided further, that no new contracts shall be entered into in fiscal year nineteen hundred ninety-four . .. 643,500 Local Aid Fund.................... 100.0% Federal Appropriations 3700-0300 For the purposes of a federally funded grant entitled, Lead Paint Abatement ...................................... 6,000,000 3724-3037 For the purposes of a federally funded grant entitled, Small Cities Community Development Block Grant Program; provided, that revenues not to exceed an amount of two million dollars accrued from economic development programs may be expended without further appropriation; provided further, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide monthly payments in advance to participating agencies ................................ 28,700,000 3724-3040 For the purposes of a federally funded grant entitled, Rental Rehabilitation Program ...............................15,000 3724-3042 For the purposes of a federally funded grant entitled, CDBG Reporting Program.....................................80,000 3724-3043 For the purposes of a federally funded grant entitled, CDBG Partnerships in ETAs ...................................120,000 PROGRAM 3: Municipal Assistance Chap. 110 PROGRAM MISSION To provide grants, technical assistance and training to improve the overall capacity of municipal governments to plan, manage and provide cost effective and efficient local services. Program Objectives Performance Measures 1. Provide financial assist- la. ance to municipalities to enhance their management capacity and facilitate efforts to privatize or regionalize the delivery of local services. Management incentive grants distributed. Expected Outputs la 100 lb. Average grant amount. lb. TBR lc. Local services consolidated or regionalized. lc. TBR Id. Local services privatized. Id. TBR le. Savings in municipal budgets that are attributed to consolidating or privatizing services. le. TBR Provide technical assist- 2a. Local officials participating 2a. 1,500 ance and management in training workshops. training to local officials through workshops and educational publications. 2b. Requests for technical assistance received from municipalities and regional planning agencies. 2b. 5,300 2c. Technical assistance requests fulfilled. 2c. 100% State Appropriation 3100-0200 For the municipal assistance program to provide management incentive grants, technical assistance and training for municipal governments to provide cost effective and efficient delivery of local services, including regionalization of services; provided, that such incentive grants may be utilized for the purchase of hardware and equipment; provided further, that of the amount appropriated herein, not more than seven hundred eighty-five thousand dollars shall be expended for administrative expenses; provided further, that funds ap- Chap. 110 propriated herein may be provided in advance; provided further, that said administrative expenses shall include four hundred thousand dollars to qualify for grant funding under Title I of the federal housing community development act, the so-called small cities match; provided further, that not less than thirty thousand dollars shall be expended for the purposes of retaining professional services to create a plan to assist the community task force appointed by the board of selectmen to determine the future use of the Foxborough state hospital campus; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six hundred seventy thousand five hundred ninety-two dollars, including not more than seventeen positions .................... 2,000,000 Local Aid Fund..................... 100.0% PROGRAM 4: Neighborhood Antipoverty Development PROGRAM MISSION To reduce homelessness and support the development and maintenance of housing through rehabilitation, tenancy mediation, housing search services and community education. Program Objectives Performance Measures Expected Outputs 1. Plan and implement strate- 1. Neighborhood development 1. 63 gies to address poverty and revitalization projects issues in targeted areas. and services supported. 2. Provide emergency service 2a Hours of counseling pro- 2a. TBR activities to families and vided to at-risk families and individuals who are at-risk inviduals. of becoming homeless. Chap. 110 2b. Hours of tenancy mediation conducted. 2c. Families prevented from becoming homeless through housing search services that result in permanent housing placement. 2d. Individuals prevented from becoming homeless through housing services that result in retaining current housing. 2e. Families and individuals receiving assistance that become homeless. State Appropriations 3143-2027 For the community economic development component of the neighborhood antipoverty development program; provided, that contracts may be awarded to community-based organizations; provided further, that a portion of the amount appropriated herein may be expended for the provision of technical assistance to such organizations; provided further, that expenditures by the administering agency for said program shall not exceed fifty four thousand four hundred twelve dollars; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed forty-five thousand, seven hundred twenty-two dollars, including not more than one position .... 752,396 Local Aid Fund..................... 100.0% 2b. TBR 2c. 2,400 2d. 2,368 2e. TBR Chap. 110 3143-3036 For the housing services component of the neighborhood anti-poverty development program to provide assistance through community-based organizations to low income tenants in privately owned housing, and to landlords, to maintain and secure decent and affordable shelter within the private housing stock; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed thirty-one thousand seventy-four dollars, including not more than one position...........304,671 3144-0002 For the urban initiative fund, a loan and grant program for inner-city neighborhoods; for the purposes of education, job training, business development, health care, day care, youth activities, including athletic and recreation programs, violence and crime prevention, and housing; administered by the community development finance corporation as provided in section one hundred thirty-seven of chapter one hundred thirty-three of the acts of nineteen hundred and ninety-two . . 1,000,000 3144-0003 For the Boston housing authority for a program to provide certain tenant services...................................76,000 Local Aid Fund..................... 100.0% Federal Appropriations 3743-2034 For the purposes of a federally funded grant entitled, Community Services Block Grant; provided, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide monthly payments in advance to participating agencies ........... 9,352,770 Chap. 110 3743-2050 For the purposes of a federally funded grant entitled, Emergency Community Services Homeless Program; provided, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide quarterly payments in advance to participating agencies..........................................508,000 PROGRAM 5: Energy Assistance PROGRAM MISSION To provide weatherization improvements and heating assistance to low income residents of the commonwealth. Program Objectives Performance Measures Expected Outputs 1. Weatherize homes of low la. Low income households la. 2,256 income households to weatherized. improve energy efficiency. lb. Estimated annual energy sav- lb. TBR ings realized as a result of weatherization. 2. Provide fuel assistance 2a. Low income households re- 2a 134,000 through local vendors to ceiving fuel assistance, low income households. 2b. Site visits conducted to moni- 2b. 60 tor fuel assistance vendors' compliance with program guidelines. State Appropriation 3145-1000 For the energy assistance program, including, but not limited to the purchase of bulk oil; provided, that no funds shall be expended prior to the official notification from the federal government that sufficient funds have been awarded and that such advance will be reimbursed by the federal government upon the availability of federal funds under the low income home energy assistance act of nineteen hundred eighty-one, Title XXVI of the omnibus budget reconciliation act of nineteen hundred eighty-one (Public Law 97-35) or any other amendments or successor acts thereto................. 13,000,000 Chap. 110 Federal Appropriations 3743-2030 For the purposes of a federally funded grant entitled, Weather-ization Assistance for Low Income Persons; provided, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide monthly payments in advance to participating agencies........................................ 5,700,000 3743-2033 For the purposes of a federally funded grant entitled, Low Income Home Energy Assistance Program; provided, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide monthly payments in advance to participating agencies....................................... 46,000,000 PROGRAM 6: Housing Subsidies PROGRAM MISSION To provide management oversight and financial support for the state's public housing stock. Program Objectives Performance Measures Expected Outputs 1. Provide assistance to local la. State subsidized public la. 51,616 housing authorities to man- housing units, age public housing for low income families, individuals with special needs and the elderly. lb. Federally subsidized public lb. 34,132 housing units, lc. Vacancy rate in state subsi- lc. TBR dized public housing for the elderly. Id. Vacancy rate in state subsi- Id. TBR dized public housing for low income families, le. Vacancy rate in state subsi- le. TBR dized public housing for individuals with special needs. If. Housing authorities receiv- If. TBR ing state subsidies to operate housing units, lg. Local housing authorities' lg. 18% operating budgets subsidized Chap. 110 Ih. 2. Conduct site visits to mon- 2a. itor and evaluate local housing authorities' administration, maintenance and tenant selection procedures. 2b. 3. Implement a wage informa-3a tion matching program with the Department of Revenue and the Department of Public Welfare to eliminate tenant fraud. 3b. 4. Work with other state 4. agencies to identify and assist occupants of state homeless shelters to move to public housing. State Appropriations 3222-9005 For the housing subsidies program to provide payments to housing authorities and non-profit organizations operating family housing for deficiencies caused by certain reduced rentals in housing for the elderly, handicapped, veterans and relocated persons pursuant to sections thirty-two and forty of chapter one hundred and twenty-one B of the General Laws; provided, that the executive office of communities and development may expend the funds appropriated herein for deficiencies caused by certain reduced rentals which may be anticipated in the operation of housing authorities for the first quarter of the subsequent fiscal year; provided further, that no monies shall be expended from this item for the purpose of reimbursing the debt service reserve and capital reserve in- as a percentage of their total approved budgets. Reduction in energy con- lh. 10% sumption in state public housing developments due to energy conservation efforts. Site reviews conducted. 2a 85 Local housing authorities 2b. TBR with poor performance evaluations. Fraudulent income state- 3 a TBR ments identified. Cases of fraud resulting 3b. TBR in attrition. Individuals transferred to 4. TBR public housing. Chap. 110 included in the budget of the housing authorities; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred seventy-five thousand three hundred eight dollars, including not more than twelve positions .......................................... 21,957,573 Local Aid Fund..................... 100.0% 3222-9006 For phaselof a pilot program to promote economic diversity in family public housing; provided, that notwithstanding the provisions of any general or special law to the contrary, the executive office of communities and development is hereby authorized and directed to establish an economic diversity and opportunity pilot program for family public housing in the commonwealth; provided further, that said executive office shall implement said pilot program as a phased project at family housing developments in the commonwealth; provided further, that phase I shall be implemented in the city of Boston at Orient Heights, Gallivan Boulevard, and the West Broadway family housing developments; provided further, that said executive office is hereby further authorized and directed to seek the participation of other appropriate human service agencies to implement said pilot program; provided further, that said executive office shall promulgate regulations for the economic diversity and opportunity pilot program which shall include, but not be limited to, the establishment of: maximum rates based on bedroom size; tenant selection criteria designed to assure that within a reasonable period of time each project in the pilot program will include low and moderate income families with a broad range of income; any and all reasonable restrictions and requirements necessary or appropriate for the implementation of said pilot program; and provided further, that said executive office shall study the feasibility of alternative management and ownership models for family housing developments and report its findings and recommendations to the house and senate committees on ways and means no later than September first, nineteen hundred ninety-three ........ 704,344 Local Aid Fund..................... 100.0% Federal Appropriations 3722-9020 For the purposes of a federally funded grant entitled, Section 8 New Construction Program; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies...... ..... 4,200,000 3724-9009 For the purposes of a federally funded grant entitled, Section 8 Substantial Rehabilitation Program; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies..... 4,950,000 PROGRAM 7: Rental Assistance PROGRAM MISSION To manage a program of rental assistance for low income households to live in private housing. Program Objectives 1. Provide financial assistance through the Massachusetts Rental Voucher Program to low income tenants in privately owned rental units. Performance Measures la. Households receiving rental assistance. lb. Average monthly voucher payment. 1 c. Mobile voucher tenants transferred to project based units. Expected Outputs la 14,924 lb. $385 1c. TBR Implement a wage informa- 2a tion matching program with the Department of Revenue and the Department of Public Welfare to eliminate tenant fraud. 2b. Cases of fraudulent income Cases of fraud resulting in attrition. 2a TBR statements identified. 2b. TBR 3. Administer a portion of 3a Households receiving federal 3a 13,100 the federal Section 8 rental rental assistance, assistance program. 3b. Average federal rental assis- 3b. $591 tance payment. Inspect certain rental units for compliance with program guidelines. Required unit inspections conducted. 4. 100% Chap. 110 State Appropriation 3222-9024 For a program of rental assistance for families and elderly of low income through mobile and project based vouchers; provided, that notwithstanding the provisions of any general or special law to the contrary, said rental assistance in the form of mobile vouchers, so-called, shall be paid only to those eligible households, currently holding mobile vouchers, so-called, that held, or were lawfully entitled to hold, chapter seven hundred and seven certificates, so-called, as of October thirty-first, nineteen hundred and ninety-two, pursuant to the chapter seven hundred and seven program, so-called, and to those households currently holding mobile vouchers, so-called, that held, or were lawfully entitled to hold state housing vouchers, so-called, as of October thirty-first nineteen hundred and ninety-two, pursuant to a program of housing assistance consistent with the program requirements established by the federal government for the program authorized by Public Law 98-181, Section 207; provided, that there shall be no further payments made under said chapter seven hundred and seven program, so-called, or under said program of housing assistance consistent with the requirements established by the federal government for the program authorized by Public Law 98-181, Section 207, which state program was known as the state housing voucher program, so-called; provided further, that rental assistance shall only be paid pursuant to a program known as the Massachusetts rental voucher program, heretofore established by the executive office of communities and development, as such program may hereafter be amended; provided further, that the income of said households shall in no event exceed two hundred percent of the federally established poverty level; provided further, that the executive office of communities and development is hereby authorized and directed to conduct an annual verification of household income levels based upon state and federal tax returns, and that said executive office is hereby further authorized and directed to consult with the department of revenue, the department of public welfare, or any other state or federal agency it deems necessary to conduct such income verification, and that, notwithstanding the provisions of any general or special law to the contrary, said state agencies are hereby authorized and directed to consult and Chap. 110 cooperate with said executive office and to furnish any and all information in the possession of said agencies including, but not limited to, tax returns and applications for public assistance or financial aid; provided further, that said vouchers shall be in varying dollar amounts set by the secretary based upon considerations, including, but not limited to, family size and composition, ranges of family income and geographic location; provided further, that notwithstanding the provisions of any general or special law to the contrary, the use of rent surveys shall not be required in determining the amounts of such mobile vouchers, so-called, or such project based vouchers, so-called; provided further, that any household which is proven to have caused intentional damages to their rental unit in an amount exceeding two month's rent during any one year lease period shall be terminated from the program; provided further, that notwithstanding the provisions of any general or special law to the contrary, a mobile voucher whose use is or has been discontinued shall not be reassigned at any time; provided further, that an allowance not to exceed fifteen dollars per voucher per month shall be determined and paid by the executive office of communities and development for administration of the rental assistance program; provided further, that the secretary is hereby authorized to expend an amount up to but not exceeding six percent of the appropriation provided herein and including any balance carried forth from the prior year for the administration of the rental voucher program; provided further that said six percent for administration shall include, but not be limited to, said allowance for administration which is not to exceed fifteen dollars per voucher per month; provided further that said six percent shall also include, but not be limited to, all expenditures which may be made by the secretary to conduct or otherwise contract for rental voucher program inspections; provided further, that under no circumstances shall subsidies be reduced for the purpose of accommodating the cost of said inspection; provided further, that notwithstanding any provision of law to the contrary, there shall be no maximum percentage applicable to the amount of income paid for rent by each household holding a mobile voucher, so-called, or project based voucher, so-called, but each household shall pay at least thirty percent of income as rent; provided further, Chap. 110 that payments for rental assistance may be provided in advance; provided further, that the executive office of communities and development shall establish the amounts of the mobile vouchers, so-called, and the project based vouchers, so-called, so that the appropriation herein and including any balance carried forth from the prior year is not exceeded by payments for rental assistance, administration, and other commitments; provided further, that the amount of a rental assistance voucher payment for an eligible household shall not exceed the rent less the household's minimum rent obligation; provided further, that the word "rent" as used in this item shall mean payments to the landlord or owner of a dwelling unit pursuant to a lease or other agreement for a tenant's occupancy of the dwelling unit, but shall not include payments made by the tenant separately for the cost of heat, cooking fuel, and electricity; provided further, that upon vacancy of a project based dwelling unit, households holding mobile vouchers, so-called, shall have priority for occupancy of said project based dwelling units; provided further, that the executive office of communities and development shall submit quarterly reports to the state budget director, the secretary of administration and finance, and the house and senate committees on ways and means detailing expenditures, the number of outstanding rental vouchers, and the number and types of units leased; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred ninety-nine thousand thirty-three dollars, including not more than seven positions.............................. 60,451,431 Federal Appropriations 3722-9011 For the purposes of a federally funded grant entitled, Supportive Housing Demonstration Program ................. 1,347,600 3722-9013 For the purposes of a federally funded grant entitled, Section 8 Existing Housing Program; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies ............. 65,800,000 3722-9014 For the purposes of a federally funded grant entitled, Section 8 Federal Housing Voucher Program; provided, that the executive office of communities and development may provide Chap. 110 monthly payments in advance to participating agencies .... 13,000,000 3722-9019 For the purposes of a federally funded grant entitled, Section 8 Moderate Rehabilitation; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies ............. 17,366,087 PROGRAM 8. Private Development of Affordable Housing PROGRAM MISSION To support affordable housing opportunities through private mixed income housing developments. Program Objectives 1. Subsidize the operating deficiencies of private rental developments for mixed income households through the rental housing development action loan program (RHDAL). subsidies Performance Measures la Developments subsidized. lb. Value of operating as a percentage of annual project costs. 1c. Low and moderate income units maintained in subsidized developments. 1 d. Occupancy rate of low and moderate income units. 1 e. Occupancy rate of market rate units. Expected Outputs la 21 lb. TBR lc. 900 Id. TBR le. TBR 2. Provide interest subsidy 2a loans to private multi-family housing developments for mixed income households through the state housing-assistance for rental production program (SHARP). 2b. 2c. 2d. 2e. Developments receiving interest subsidy loans. Interest subsidy loans repaid to the Massachusetts Housing Finance Agency. Default rate on loans. Low and moderate income units maintained in subsidized developments. Occupancy rate of low and moderate income units. 2a 82 2b. TBR 2c. TBR 2d. 4,100 2e. TBR Chap. 110 2f. Occupancy rate of market 2f. TBR rate units. State Appropriations 3322-8878 For the rental housing development action loan component of the private development of affordable housing program; provided, that notwithstanding any general or special law to the contrary, no new commitments, contracts, or re-negotiations of existing contracts resulting in an increased cost shall be entered into during fiscal year nineteen hundred ninety-four or any subsequent fiscal year; provided further, that the secretary is hereby authorized and directed to review all amounts disbursed through this program in the five fiscal years previous to the effective date of this act and to recover all excess funds disbursed; and provided further, that the secretary shall file a report with the house and senate committees on ways and means, detailing the recovery of said overpayments and recommending alternative uses for said a-mounts......................................... 2,846,910 3322-8880 For the homeownership opportunity component of the private development of affordable housing program; provided, that all sums appropriated herein shall be used to write down interest rates on soft second mortgage loans for low and moderate income first time home buyers; provided further, that the total payment obligations of homeownership opportunity program contracts do not exceed fifteen million dollars ......................................... 1,000,000 3322-9027 For the state housing assistance for rental production (SHARP) component of the private development of affordable housing program, for contracts with sponsors of rental housing projects, financed through the Massachusetts housing finance agency established pursuant to chapter seven hundred eight of the acts of nineteen hundred sixty-six, in the form of a loan by the commonwealth to facilitate the construction or rehabilitation of rental housing projects pursuant to the provisions of section seven of chapter five hundred seventy-four of the acts of nineteen hundred eighty-three; provided, that notwithstanding the provisions of section twenty-seven of chapter twenty-three B or sections twenty-six and twenty-seven of chapter twenty-nine of the General Laws to the contrary, the department is hereby authorized to enter into Chap. 110 such contracts for terms not exceeding fifteen years with annual payment obligations not to exceed thirty million one hundred six thousand five hundred fifty-five dollars; provided further, that notwithstanding any general or special law to the contrary, no new commitments, contracts, re-negotiations, modifications or revisions of existing contracts resulting in an increased cost shall be entered into during fiscal year nineteen hundred ninety-four for said fiscal year or any subsequent fiscal years; provided further, that the secretary of communities and development is hereby authorized and directed to review all amounts disbursed through this program in the five fiscal years previous to the effective date of this act and to recover all excess funds disbursed; and provided further, that the secretary shall file a report with the house and senate committees on ways and means, detailing the recovery of said overpayments and recommending alternative uses for said a-mounts........................................ 30,106,555 3322-9201 For the interest subsidy component of the private development of affordable housing program; provided, that notwithstanding the provisions of any general or special law to the contrary, no new commitments shall be entered into during fiscal year nineteen hundred and ninety-four for said fiscal year or any subsequent fiscal years.................... 8,360,088 Federal Appropriation 3722-9028 For the purposes of a federally funded grant entitled, HOME .. 7,000,000 PROGRAM 9: Indian Affairs PROGRAM MISSION To provide counseling, advocacy and legal advice to Native Americans in the commonwealth. Program Objectives Performance Measures Expected Outputs 1. Respond to requests for in- la. Requests for information re- la. 1,500 Formation concerning ceived. Native American issues. lb. Response rate. lb. 100% Chap. 2. Investigate possible Native 2. Investigations and reinter- 2. 31 American burial sites and merits completed, provide for reinterments. State Appropriations 3747-0001 For the Indian affairs program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed thirty-eight thousand eight hundred dollars, including not more than one position.........51,977 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES Notwithstanding the provisions of any general or special law to the contrary, unless otherwise expressly provided, all federal reimbursements received for the purposes of the executive office of health and human services, including reimbursement for administrative, fringe and overhead costs, including reimbursements attributable to the operation of the medicaid management information system, so-called, for fiscal year nineteen hundred ninety-four and prior fiscal years, shall be credited to the General Fund and the executive office of health and human services shall submit on a monthly basis to the house and senate committees on ways and means and the secretary of administration and finance a status report on medicaid program expenditures, medicaid savings and revenues and medicaid error rate measurements. Notwithstanding any provision of general or special law to the contrary, the executive office of health and human services shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance the amount expended on basic child care contracts and vouchers, supportive child care contracts, and teen parent day care contracts and shall include the total number of slots by category, occupancy by category and the cost by category, in addition to the number of clients on waiting lists at all day care centers with which the state contracts as well as an estimate of the current unmet need for child care slots, both voucher and contract, by category. Office of the Secretary 4000-0100 For the office of the secretary, including the health facilities appeals board; provided, that the executive office of health and human services shall provide technical and administrative assistance to agencies receiving federal funds, as may be appropriate; provided further, that the executive office shall compile annually, a report containing the total amount of contract obligation and total appropriation amounts obligated by department and service type, to be filed with the house and Chap. 110 senate committees on ways and means no later than March first, nineteen hundred ninety-four; provided further, that, notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million seven hundred sixty-two thousand four hundred eighty-four dollars, including not more than thirty-eight positions .......................................... 2,107,459 4000-0105 The executive office of health and human services may expend from the collection of federal reimbursements generated pursuant to an initiative to restructure the financing and delivery of children's and family services an amount not to exceed three million dollars; provided, that the expenditure of said reimbursements shall be contingent upon receipt of an Anna E. Casey foundation program implementation grant; provided further, that federal reimbursements so generated shall not be expended unless certified by the secretary of said executive office to exceed the most recent estimate of federal reimbursement estimates to be generated by agencies within said executive office as reported in the state accounting system for fiscal year nineteen hundred and ninety-four; provided further, that no reimbursements attributable to any department of social services reimbursements or to any department of youth services Title IV-E reimbursements shall be counted in said estimate or credited to this item; provided further, that the secretary of said executive office may designate agencies within the executive office to receive and expend said revenues for services to children and families consistent with the Casey Foundation project plan subject to the approval of the secretary and the notification of the house and senate committees on ways and means; provided further, Chap. 110 that an agency designated by said secretary may incur expenses and the comptroller shall certify for payments amounts not to exceed the authorization as assigned by said secretary; provided further, that the executive office shall assure the delivery of services provided to said children and families pursuant to this item to the maximum extent feasible at the Boston specialty and rehabilitation hospital in Mattapan; and provided further, expenditures from this item shall be prohibited before October first, nineteen hundred and ninety-three and until such time as agencies within said executive office shall have negotiated contracts with said hospital for inpatient admissions of not fewer than seventy clients of said agencies for medical services and specialized care at said hospital at a rate not to exceed the reasonable financial requirements of said hospital.......................... 3,000,000 Day Care 4000-0190 For the administration of day care programs; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred five thousand seven hundred seventy dollars, including not more than eleven positions............................405,770 4000-0200 For voucher and contracted day care programs; provided, that the MassJOBS day care program shall be available for recipients of benefits provided under the program of aid to families with dependent children and the absent parents of said recipients; provided further, that the day care program shall be available to participants in the MassJOBS program, and for former participants within up to one year of termination of their aid to families with dependent children benefits due to employment; provided further, that unless otherwise authorized to be expended, any federal reimbursements received for this purpose shall be credited to the General Fund; provided further, that day care slots shall be distributed geographically in a manner which provides fair and adequate access to day care for all eligible individuals; provided further, that the department is hereby authorized to provide day care benefits to parents currently enrolled in a job training program who are under the age of eighteen and who would qualify for benefits under the provisions of chapter one Chap. 110 hundred eighteen of the General Laws but for the deeming of the grandparents' income; provided fiirther, that not more than four million two hundred twenty-eight thousand nine hundred and seventy-five dollars shall be expended for MassJOBS contracted day care; provided further, that not more than thirty-seven million five hundred seventy-eight thousand eight hundred sixty-five dollars shall be expended for MassJOBS voucher day care; provided fiirther, that not more than three million six hundred thousand dollars shall be expended for the operating expenses of the MassJOBS voucher management system; provided further, that two hundred thousand dollars shall be expended for the provision of operating support for community-based child care resource and referral programs that provide direct services to parents; provided further, that three million eight hundred thousand one hundred thirteen dollars shall be expended for contracted day care slots for teen parents and their children; provided further, that not more than thirty-three million eight hundred twenty thousand five hundred forty-two dollars shall be expended for contracted day care slots for income eligible parents; provided further, that not more than two million seven hundred thirty-nine thousand one hundred sixty-nine dollars shall be expended for voucher day care for income eligible parents; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called ........................ 85,967,664 4000-0210 The secretariat may expend for purposes of the MassJOBS day care program an amount not to exceed six million dollars from the monies received from title IV-A reimbursements which are attributable to services provided to clients within protective or supportive day care programs, so-called; provided, that three million three hundred thousand dollars shall be expended for voucher day care services for participants in the MassJOBS program and for former participants within up Chap. 110 to one year of the termination of their aid to families with dependent children benefits due to employment; provided further, that not more than two million seven hundred thousand dollars shall be expended for contracted day care services for participants in the Mass JOBS program and for former participants within up to one year of the termination of their aid to families with dependent children benefits due to employment; provided further, that no funds from this item shall be expended for "extended vouchers," so-called; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred and ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called.......................... 6,000,000 4000-0220 For the informal child care program; provided, that not more than two dollars per child per hour shall be paid for such services, and not more than four million dollars in total shall be expended for independent child care services.......... 4,000,000 4000-0230 For supportive family preservation day care for children in need of protective services; provided, that no funds shall be expended for "extended vouchers", so-called; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred and ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called................................... 32,423,247 Chap. 110 Federal Appropriations 4000-0701 For the purposes of a federally funded grant entitled, the Cooperative Agreement for Primary Care................... 4000-0702 For the purposes of a federally funded grant entitled, Child Care Development Block Grant; provided, that the department shall enter into an interagency agreement with the department of social services for the purposes of this program; provided further, that such interagency agreement shall require the department to expend three million two hundred seventeen one hundred ninety dollars for the purpose of making child care available to those persons at risk of becoming eligible for the aid to families with dependent children program; provided further, that four million eight hundred eighty-six thousand five hundred sixty-five dollars and one million five hundred thousand dollars in previously appropriated funds shall be expended for income eligible vouchers for working families not eligible for transitional child care as defined by Title IV-F of the Social Security Act; provided further, that the department of social services is authorized to pay for start up costs by Springfield day nursery for the court project known as the "children's center for Hampden county courts," in the amount of twenty-two thousand two hundred seventy-five dollars; provided further, that two million two hundred fourteen thousand seven hundred forty-seven dollars shall be expended for income eligible contracts for working families not eligible for transitional child care as defined by Title IV-F of the Social Security Act; provided further, that four hundred thousand dollars shall be expended through child care resource and referral agencies and other qualified community-based child care training programs for the provision of child care training; provided further, that five hundred thousand dollars be expended for the provision of operating support for community-based child care resource and referral programs that provide direct services to parents; provided further that two hundred seventy-five thousand dollars shall be expended for the administration of the income eligible voucher program, data collection, licensing and policy-making; provided further that one hundred seventy-five thousand dollars be expended for the purpose of special needs child care services; provided further, that fifty thousand dollars shall be expended Chap. 110 to provide mainstreaming and technical assistance for providers serving children with disabilities or special needs; provided further, that the secretary of the executive office of health and human services shall develop a rate determination methodology that guarantees parity among all contracted day care programs and complies with all federal guidelines; and that said secretary shall submit the plan to the house and senate ways and means committees and the joint committee on federal financial assistance within sixty days of enactment of this act; and provided further, that at least fifty thousand dollars shall be expended for said rate determination program . 13,268,502 4000-0705 For the purposes of a federally funded grant entitled, Emergency Shelter........................................ 701,000 4000-9400 For the purposes of a federally funded grant entitled, Alcohol, Drug Abuse, and Mental Health Services Block Grant ___ 39,270,047 Division of Medical Assistance AGENCY MISSION To provide medical care and health services to recipients of Aid to Families with Dependent Children and Supplemental Security Income, to medically needy individuals, and to certain others, consistent with Title XIX of the Social Security Act, state law and regulations. STATUTORY REFERENCES Medicaid Enabling Statute MG.Lx.118E CommonHealth M.G.L. C.118E§1B,6A,6B Provider Rates (Excluding Acute Hospitals) M.G.L.c.6A§31,et.seq. Acute Hospital Rates MG.Lc.6B § 2 Managed Care Legislative Mandate St.l990,c.l50§74 Estate Recovery M.G.L.c.194, c.195, c.1197, c.198 Chap. 110 PROGRAM 1: Medicaid Administration PROGRAM MISSION To manage the policy development, fiscal, and program operations of the Commonhealth and Medicaid programs consistent with requirements of Title XIX of the Social Security Act and waivers granted therefrom. Program Objectives 1. Develop and coordinate a Formal process of monitoring and improving program performance. Performance Measures 1. Program improvements and enhancements developed by the performance review process. Expected Outputs 1. TBR Develop a resource management plan by functional area, including operations, eligibility determination, finance, budget and systems, mat finishes the reorganization of the new division and identifies its resource and position requirements. Plan developed. 2. March 1994 Transition the claims pay- 3a Benchmark transition goals 3a October 1993 ment component of the and timeline established. MMIS system from a pri- vate vendor to MMARS and the state Treasurer. 3b. Benchmark update reports. 3b. 3 Category of assistance 4a Reports published. 4a 12 case-load reports published within 30 days of report month. 4b. Published within 30 days of report month. 4b. 100% Weekly payroll expendi- 5a Reports published. 5a 12 tures by payment type pub- lished within 30 days of report month. 5b. Published within 30 days of report month. 5b. 100% Chap. 110 6. Timely processing of 6a. vance expenditures in MMARS and reconciliation of MMIS expenditures to program budget. 6b. 7. Monitor expenditures 7a. against budget projections 7b. 8. Monitor claims filed and 8. adjudicated but not paid to estimate cumulative incurred unpaid liabilities for subsequent fiscal year payment. State Appropriations 4000-0300 For the admimstration of the medicaid program; provided, that notwithstanding the provisions of any general or special law to the contrary, federal reimbursement received for the operation of the medicaid management information system shall be credited to the General Fund; provided further, that funds may be transferred from this item to item 4400-1000 of section two of this act for the purpose of appropriately distributing support costs associated with the transfer of the medicaid program from the department of public welfare to the executive office of health and human services; provided, however, that no funds may be transferred after January first, nineteen hundred ninety-four; provided further, that the executive office of health and human services shall provide notice to the house and senate committees on ways and means before executing said transfer; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this it- Expenditure advances entered in MMARS within Expenditure reconciliation reports published within 30 days of report month. Budget spending goals published. Variance reports explaining difference between budget goals and actual spending. Estimates published. 6a 100% 14 days of expenditure. 6b. 12 7a. August 1993 7b. 4 8. 12 Chap. 110 em, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed nineteen million four hundred twelve , thousand six hundred ten dollars, including not more than five hundred and nineteen positions ..................... 22,552,139 4000-0310 For the contracted services component of the medicaid administration program including, but not limited to, contracts for a central automated vendor payment system, preadmission screening, utilization review, medical consultants, disability determination reviews, health benefit managers in welfare service offices and interagency service agreements; provided, that quarterly reports shall be filed by the division with the house and senate committees on ways and means stating the nature and amount of such contractual obligations and amounts expended thereon; provided further, that no expenditures from this item shall be made for the costs of personnel of the division or any costs of the department of public welfare; provided further, that, notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called..........................62,300,000 4000-0320 The division of medical assistance may expend an amount not to exceed sixty-five million dollars from the monies received from collections of any prior year expenditures from liens, estate recoveries, retrospective rate adjustments, third party recoveries, pharmaceutical manufacturers' rebates or other collections subject to the approval of the division; provided, Chap. 110 that expenditures from this item shall be limited solely to payments for the provision of medical care and assistance rendered in the current fiscal year; and provided further, that the division shall make no expenditures from this item for the payment of abortions not necessary to prevent the death of the mother........................................ 65,000,000 PROGRAM 2: Commonhealth PROGRAM MISSION To provide primary and supplemental health care coverage for disabled children and disabled working adults who do not qualify for Medicaid due to income, assets or other eligibility requirements. Program Objectives 1. Ensure that enrollment is maintained at the level funded by the appropriation. Performance Measures Expected Outputs la Monthly children's enrollment. la TBR lb. Monthly adult enrollment. lb. TBR lc. Monthly enrollment for which Commonhealth is not the primary payor. lc. TBR Id. Average recipient eligibility months per client. Id. TBR le. Average monthly cost per recipient with and without third party coverage. le. TBR If. Change in average monthly cost per recipient compared to prior year. If. TBR 2a Monthly expenditures by provider type. 2a TBR 2b. Monthly units of service by provider type. 2b. TBR 2c. Report on the cost-effective- 2c. March 1994 2. Monitor service utilization. ness and efficacy of mandatory managed care for recipients. 3. Monitor program revenues 3 a Third party liability generated. payments recovered. 3a $0 Chap. 110 3b. Sliding scale premium 3b. TBR payments received from recipients. 3c. Federal financial partici- 3c. TBR pation generated by Medicaid eligibility spend-down initiative. 3d. Recipients determined 3d. 40% eligible for spend-down initiative. State Appropriation 4000-0430 For the commonhealth program to provide supplemental medical care and assistance to disabled adults and children pursuant to sections six A and six B of chapter one hundred eighteen E of the General Laws; provided, that no funds shall be expended from this item for expenses incurred in the prior fiscal year; provided further, that the division shall ensure that federal financial participation is maximized for every eligible recipient; provided further, that not more than three thousand three hundred fifty persons shall be enrolled as an average monthly caseload in fiscal year nineteen hundred ninety-four; and provided further, that the division shall promulgate regulations that adjust eligibility, benefits and other requirements to limit spending to the amount appropriated herein . 18,273,145 PROGRAM 3: Managed Care PROGRAM MISSION To establish relationships between Medicaid recipients and primary care practitioners, within the terms of a federal waiver, to improve the availability and continuity of preventive and primary care, and ensure medically appropriate, cost-effective referrals for specialty and acute care. Program Objectives Performance Measures Expected Outputs 1. Enroll recipients lacking la Regional enrollment in la. 360,000 third party coverage in Primary Care Clinician managed care programs. Program (PCCP) by cate- gory of assistance. Chap. 110 lb. Regional enrollment in lb. 100,000 Health Maintenance Organizations (HMO's) by category of assistance, lc. Difference between regional lc. TBR managed care enrollment and regional universe of potential enrollees by category of assistance. Assess recipient satisfaction with managed care delivery systems. Ensure sufficient primary care clinician (PCC) capacity. 2a. Recipients surveyed to 2a. 100% determine satisfaction with their primary care provider. 2b. Recipients disenrolling from 2b. TBR HMO's. 2c. Recipients changing primary 2c. TBR care practitioners. 2d. Recipients seeking exemp- 2d. TBR tion from managed care based on special practitioner relationship. 3 a. Regional distribution of cli- 3 a. TBR nicians by type of practice as of July 1993. 3b. Capacity of participating 3b. TBR clinicians by type of practice as of July 1993, by region. 3 c. New practitioners signing 3 c. TBR participation agreements each month. 3d. Dollar amount and number 3d. TBR of PCC fee enhancements paid monthly. 3e. Distribution in 50 case incre- 3e. TBR ments and average practitioner managed care caseload. 3f. Disabled recipients compared 3f. TBR to average primary care practitioner's managed care caseload. Chap. 110 4. Monitor and assess changes in client service utilization under managed care. 4a. Physician specialist referrals per thousand recipients. 4b. Hospital utilization by major diagnostic categories by region comparing PCCP discharges with pre-waiver base year. 4c. Emergency room visits billed by level of care, including visits denied payment as non-emergency visits. 4d. Sampling of inpatient admissions through the emergency room reviewed to assess appropriateness and preventability. 4e. Comparison of calendar year 1992 HMO and PCCP utilization patterns. 5. Monitor services provided to disabled HMO enrollees. 5a. 5b. Analyze the cost effectiveness and "upper limit" compliance of expenditures for PCCP and HMO's, including the cost of services provided without federal waivers. 7. Monitor management of the statewide mental health and substance abuse network. Disabled enrolled in HMO's as percent of total disabled recipients. Average out-of-plan referrals needed by disabled recipients. 6a. Rate year 1994 HMO premiums published. 6b. Calendar year 1992 HMO and PCCP upper limit comparison report published. 6c. Calendar year 1992 waiver and absence-of-waiver comparison report published. 7a Total mental health and substance abuse provided by type and region in vendors selective network. 4a 3,715 4b. April 1994 4c. TBR 4d. 5% 4e. January 1994 5a 20% 5b. TBR 6a November 1993 6b. January 1994 6c. October 1993 7a TBR Chap. 110 7b. Recipients by category of 7b. TBR assistance served in each regional network. 7c. Reconciliation of 1992 7c. September 1993 Medicaid capitation expenditures compared with vendor's actual expenditures for mental health and substance abuse services published. 7d. Incidence of and average 7d. TBR length of stay for mental health inpatient hospitalization compared with base year before waiver. 7e. Incidence of and average 7e. TBR length of stay for mental health freestanding clinic admissions compared with base year before waiver. 7f. Incidence of and average 7f. TBR length of stay for substance abuse inpatient hospitalization compared with base year before waiver. 7g. Incidence of and average 7g. TBR length of stay for substance abuse freestanding clinic admissions compared with base year before waiver. 7h. Inpatient readmissions within 7h. TBR months and 1 year from prior discharge. State Appropriation 4000-0500 For the managed care program for non-institutionalized recipients who are not otherwise insured and are required to enroll in the primary care clinician program, health maintenance organizations and the mental health and substance abuse network; provided, that said program shall be implemented consistent with the terms of any waiver of Title XIX requirements approved by the United States secretary of health and human services; provided further, that expenditures from this item shall be made only for services rendered to recipients in the current Chap. 110 fiscal year; provided further, that expenditures from this item shall not be expended for any other purposes of the medical assistance program; and provided further, that the division shall make no expenditures from this item for the payment of abortions not necessary to prevent the death of the mother........808,567,000 PROGRAM 4: Long-Term Care PROGRAM MISSION To provide institutional and community-based long-term care in the most clinically and cost-effective manner for elderly and disabled recipients. Program Objectives 1. Ensure appropriateness of nursing facility placements and billing. Performance Measures 1 a. Semi-annual report on Medicaid nursing home patient demographics, total days, lengths of stay, patient paid amount and case mix data published. Aggregate change in case mix analyzed quarterly. Nursing facility cases sampled to verify accuracy of case mix change. Nursing facility patients screened by Coordination of Care units. Nursing facility patients determined Medicaid-in-eligible based on clinical admissions criteria Expected Outputs la 2 lb lc, Id. le. lb. 4 lc. 7,000 Id. TBR le. TBR 2. Monitor chronic disease 2a Admissions and length of and rehabilitation hospital patients to ensure appropriate admissions and utilization. 2b. 3. Develop community-based 3a long-term care resources. stay by principal diagnosis by hospital. Cases sampled to verify appropriateness of admission. Community-based long-term care clients by category of assistance. 2a TBR 2b. 5% 3a. 67,000 Chap. 110 Ensure maximum use of Section 2176 home care waiver slots. 5. Divert potential nursing facility patient days from institutionalized care to community-based care. 3b. Average fiscal year utilization of community long-term care services by category of assistance, in units of service. 3c. Average community long-term care expenditures by category of assistance. 3d. Change in number of participating community long-term care providers from prior year. 4a. Waiver slot goal for each Coordination of Care contract 4b. Waiver slots filled by each Coordination of Care contractor. 4c. Average cost of service per waiver client. 5a Interagency definition and measurement system for "nursing home diversion" established among Medicaid, Elder Affairs, Rate Setting and Public Health. Mechanism to collect diversion data implemented. Diversions achieved. 5b. 5c. State Appropriation 3b. January 1994 3 c. January 1994 3d. January 1994 4a. TBR 4b. TBR 4c. TBR 5a September 1993 5b. TBR 5c. TBR 4000-0600 For the long-term care program provided to medical assistance recipients by chronic disease and rehabilitation hospitals, nursing facilities, intermediate care facilities for the mentally retarded, certain hospitals and facilities operated by the commonwealth and services provided by community-based long-term care providers; provided, that expenditures for section 2176 home and community-based waiver services shall be made from this item; provided further, that said expenditures shall not exceed ten million dollars; provided further, that the division shall report quarterly to the house and senate committees on ways and means on such expenditures; provided further, that federal reimbursements Chap. 110 from such expenditures shall be deposited in the General Fund; provided further, that no funds shall be expended by the division for patient-centered rates of payment described in section eighty-seven of chapter one hundred and fifty of the acts of nineteen hundred and ninety; provided further, that the rate setting commission shall set all rates of payment for chronic disease and rehabilitation hospitals' nineteen hundred ninety-four fiscal year pursuant to the provisions of chapter . six A and chapter one hundred and eighteen E of the General Laws; provided further, that notwithstanding the provisions of this item or any general or special law to the contrary, and without the necessity of obtaining approval by the rate setting commission, the division may establish capitated rates by contract with such hospitals for services to be provided to Medicaid-eligible patients pursuant to a managed care program; provided further, that expenditures from this item shall be made only for services provided in the current fiscal year; provided further, that expenditures from this item shall not be expended for any other purposes of the medical assistance program; and provided further, that the division shall make no expenditures from this item for the payment of abortions not necessary to prevent the death of the mother.......... 1,075,900,000 PROGRAM 5: Exempt Services and Recipients PROGRAM MISSION To provide medical care and services to recipients exempt from managed care participation by reason of age, third party coverage or for other reasons and to provide for certain services not required to be paid or not requiring prior authorization through managed care programs. Program Objectives Performance Measures Expected Outputs 1. Monitor expenditures for la Exempt recipients by cate- la. TBR recipients with third party gory of assistance, coverage to ensure Medicaid is payor of last resort. lb. Recipients dually eligible lb. TBR For Medicaid and Medicare by category of assistance, lc. Medicare buy-in spending lc. TBR For dually eligibles and qualified Medicare beneficiaries by category of assistance. Chap. 110 Expenditure reports on Id. 4 services provided to exempt recipients by provider type by category of assistance. Expenditures by date of serv- 2. TBR ice and by date of payment on exempt services for recipients with and without third party coverage. State Appropriation 4000-0700 For the exempt recipients and services program for recipients not otherwise participating in the managed care program established by item 4400-0500 and for certain services not required to be provided by nor requiring prior authorization from managed care programs consistent with the terms of any waiver of Title XIX requirements approved by the United States secretary of health and human services; provided, that expenditures from this item shall be made only for services rendered to recipients in the current fiscal year; provided further, that expenditures from this item shall not be expended for any other purposes of the medical assistance program; and provided further, that the division shall make no expenditures from this item for the payment of abortions not necessary to prevent the death of the mother............. 401,187,000 PROGRAM 6: Prior Year Claims PROGRAM MISSION To pay incurred liabilities for services rendered and billed during fiscal year nineteen hundred and ninety-three and fiscal closure claims approved for payment from previous fiscal years in order to promote the reconciliation of statutory accounting with Medicaid billing and payment cycles. Program Objectives Performance Measures Expected Outputs 1. Identify provider pay- la Prior year expenditure la December 1993 ments for services rend- report by provider type and ered FY93 and FY92 and by waiver and non-waiver paid in FY94. recipients. Id. 2. Monitor expenditures for 2. exempt services. Chap. 110 lb. Prior year expenditure lb. December 1993 report by provider type for fiscal closure and crossover claims. State Appropriations 4000-0800 For the prior year claims program to pay claims incurred in the prior fiscal year and for the payment of fiscal closure claims incurred in previous fiscal years and for certain other special provider costs incurred in such fiscal years; provided, that not less than four million dollars shall be expended for the purposes of expenses incurred in prior fiscal years for intermediate care facilities for the mentally retarded for settlements, rate adjustments, appeals, fiscal closure claims and certain other special costs; provided further, that not less than twenty million dollars shall be expended from this item to pay chronic disease and rehabilitation hospitals for claims incurred in prior fiscal years and for the payment of fiscal closure claims incurred in previous fiscal years; provided further, that payment for special provider costs shall be made from this item only with the prior written approval of the secretary of administration and finance; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; provided further, that the division shall report to the house and senate committees on ways and means a full accounting of said expenditures by fiscal year, provider type and category of assistance not later than December first, nineteen hundred and ninety-three; and provided further, that the division shall make no expenditures from this item for the payment of abortions not necessary to prevent the death of the mother .................... 800,000,000 4000-0820 For the intergovernmental transfer component of the disproportionate share program for municipal acute care hospitals established pursuant to public law 102-234, federal regulations promulgated thereunder, the medicaid state plan and the terms and conditions of agreements reached with the division for such transfer payments; provided further, that such funds may only be expended from this item for such payments owed during the current fiscal year; provided further, than an accounting of such payments shall be reported quarterly to the house and senate committees on ways and means; and pro- Chap. 110 vided further, that all revenues generated by said program shall be credited to the General Fund; provided further, that the division shall make no expenditure from this item for the payment of abortions not necessary to prevent the death of the mother........................................ 39,350,000 Local Aid Fund..................... 100.0% Federal Appropriations 4000-0534 For the purposes of a federally funded grant entitled, Improving Access to Care for Pregnant Substance Abusers ...........375,000 Office of Refugees and Immigrants. 4000-9010 For the purposes of a federally funded grant entitled, EOHHS Activities .........................................150,000 4003-0804 For the purposes of a federally funded grant entitled, Refugee Targeted Assistance Grant .......................... 1,285,000 4003-0805 For the purposes of a federally funded grant entitled, Refugee Resettlement Program, Social Services ................ 3,318,028 4003-0806 For the purposes of a federally funded grant entitled, Refugee Cash, Medical and Administration ................... 11,000,000 4003-0807 For the purposes of a federally funded grant entitled, State Legalization Impact Assistance Grant ................... 2,200,000 4003-9000 For the purposes of a federally funded grant entitled, Refugee Resettlement Services...............................250,000 Rate Setting Commission 4100-0010 For the central administration of the commission; provided, that the commission, in consultation with the department of public welfare, shall not promulgate any increase in medicaid provider rates above existing rates without taking all measures possible under Title XIX of the Social Security Act to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million one Chap. 110 hundred eighty-seven thousand four hundred fifty-one dollars, including not more than fifty-two positions.......... 4,777,258 4100-0020 For the ambulatory care program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eight hundred fifty-nine thousand four hundred six dollars, including not more than twenty positions..........................................863,715 4100-0030 For the hospital care program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million one hundred seventy-nine thousand eight hundred ninety-two dollars, including not more than fifty-three positions .............. 2,191,374 4100-0040 For the long-term care program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million five hundred seventy-nine thousand two hundred nineteen dollars, including not more than thirty-nine positions.................... 1,581,136 4100-0050 For the administration of the hospital payment system advisory commission; provided, that the commission shall comply with the requirements of chapter four hundred and ninety-five of the acts of nineteen hundred and ninety-one; provided further, that for the purposes of funding this item, hospital assessments shall be made and collected by the rate setting commission pursuant to the provisions of section nine of chapter six A of the General Laws; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred thirteen thousand dollars, including not more than four positions .............................................328,000 Massachusetts Commission For The Blind 4110-0001 For the office of the commissioner and bureau of research; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed Chap. 110 five hundred twenty-four thousand six hundred eighty-five dollars, including not more than twelve positions ...........679,788 4110-1000 For the community services program; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million three hundred fifty-two thousand four hundred seventy-two dollars, including not more than forty-one positions .................................... 2,415,134 4110-1010 For aid to the adult blind; provided, that funds may be expended from this item for burial expenses incurred in the prior fiscal year......................................... 8,439,983 4110-1020 For determining eligibility for a medical assistance program for the blind; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred forty-five thousand seven hundred nine dollars, including not more than eleven positions........373,471 4110-2000 For the turning twenty-two program of the commission; provided, that, notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs Chap. 110 associated with the purposes of the programs funded herein shall not exceed two hundred ninety-three thousand nine hundred fifty-six dollars, including not more than eight positions ........................................... 4,515,352 4110-3010 Fora program of vocational rehabilitation for the blind in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grants or state appropriation shall be deducted for pensions, group health and life insurance, or any other such indirect cost of federally reimbursed state employees; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called.............. 1,208,630 4110-4000 For the administration of the bureau and the Ferguson industries for the blind; provided, that retired workshop employees shall receive grants equal to three-fourths of the salaries of the current workshop employees; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred two thousand eight hundred seventy-six dollars, including not more than eight positions ...........................1,683,894 Federal Appropriations 4110-3020 For the purposes of a federally funded grant entitled, Vocational Rehabilitation; provided, that any reimbursement received for successful vocational rehabilitation closures under the federal Social Security Act's Vocational Rehabilitation Program may be used by the commission for the blind to provide for essential client programming, including but not limited to pre-vocational and supported employment services; and provided further, that no reimbursement received for such vocational rehabilitation closures shall be expended by the commission without the prior approval of the secretary of health Chap. 110 and human services and the secretary of administration and finance...........................................500,000 4110-3021 For the purposes of a federally funded grant entitled, Basic Support Grant - Section 110............................ 5,642,199 4110-3023 For the purposes of a federally funded grant entitled, Independent Living Part A ....................................46,750 4110-3024 For the purposes of a federally funded grant entitled, Independent Living Part B ...................................291,375 4110-3027 For the purposes of a federally funded grant entitled, Rehabilitation Training - Section 4..............................30,000 4110-3028 For the purposes of a federally funded grant entitled, Supported Employment ..................................... 129,852 Massachusetts Rehabilitation Commission 4120-1000 For the administration of the commission; provided, that the commissioner shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance the number of clients served and the amount expended on each type of service; provided further, that upon the written request of the commissioner of revenue, the commissioner of rehabilitation shall provide lists of individual clients to whom or on behalf of whom payments have been made for the purpose of verifying eligibility and detecting and preventing fraud, error and abuse in the programs administered by the commission; provided further, that the information on such lists shall include the client's name and social security number and the payee's name and other identification, if different from the client's; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred ten thousand two hundred seventy-one dollars, including not more than two positions................... 324,111 4120-2000 For vocational rehabilitation services operated in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grant or state appropriation be deducted for pensions, group health and life insurance, and any other such indirect cost of the federally reimbursed state employees; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from Chap. 110 the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called..........................6,317,611 4120-3000 For employment assistance services; provided further, that vocational evaluation and employment services for severely physically disabled adults may, subject to appropriation, be provided; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appro-. priation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred sixty thousand eight hundred forty dollars, including not more than four positions ...... ...................................6,673,312 4120-4000 For independent living assistance services; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed Chap. 110 three hundred three thousand eight hundred twenty-one dollars, including not more than eight positions............ 3,564,224 4120-5000 For homemaking services; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred ninety-five thousand four hundred twenty-nine dollars, including not more than twelve positions...................... 3,820,159 4120-6000 For head injured services; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred forty-three thousand four hundred thirty-seven dollars, including not more than nine positions.........................6,487,383 Federal Appropriations 4120-0020 For the purposes of a federally funded grant entitled, Vocational Rehabilitation.............................. 32,240,000 4120-0024 For the purposes of a federally funded grant entitled, HUD Fair Housing Initiatives...............................190,000 Chap. 110 4120-0171 For the purposes of a federally funded grant entitled, Teaching Grant and Traineeships in RSA Training ..............120,000 4120-0172 For the purposes of a federally funded grant entitled, Vocational Rehabilitation Services - A Severely Disabled Worcester Area Placement Consortium...........................120,000 4120-0187 For the purposes of a federally funded grant entitled, Supported Employment Program .............................670,000 4120-0511 For the purposes of a federally funded grant entitled, Disability Determination Services ........................... 34,000,000 4120-0760 For the purposes of a federally funded grant entitled, Independent Living ...................................... 1,000,000 4120-0765 For the purposes of a federally funded grant entitled, TBI Survivors, An Empirical Analysis of the Educational Experiences of Young Adult TBI Survivors.........................110,000 Massachusetts Commission for the Deaf and Hard of Hearing 4125-0100 For the administration of and services provided by the commission for the deaf and hard of hearing; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million four hundred sixty-three thousand one hundred forty-one dollars, including not more than forty-two positions .... 2,867,680 4125-0101 Notwithstanding the provisions of any general or special law to the contrary, the commission for the deaf and hard of hearing may expend revenues in an amount not to exceed twenty thousand dollars from charges received on behalf of interpreter services; provided, that any receipts in excess of this amount shall not revert to the General Fund but shall be retained in a revolving fund in accordance with section one hundred ninety-six of chapter six of the General Laws.........20,000 Chap. 110 Federal Appropriations 4125-0103 For the purposes of a federally funded grant entitled, Assistive Technology Partnership...........................733,764 Office for Children 4130-0001 For the central administration of the office; provided, that the office shall administer the child care resource and referral system; provided further, that nothing contained herein shall be construed as limiting the offices authority to issue variances or grant licenses or certificates on a probationary basis as provided in 102 CMR 8.00 as in effect on May twenty-eighth, nineteen hundred ninety-three; provided further, that said system shall receive funding from items 4000-0702 and 4130-2087 of section two A of this act and from item 4000-0200 of section two of this act; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred fifty-two thousand dollars, including not more than eleven positions.................................509,075 4130-0002 For the administration of the Children's Trust Fund programs; notwithstanding chapter seven hundred twenty-nine of the acts of nineteen hundred eighty-seven; provided, that upon receipt of revenues pursuant to chapter four hundred sixty-one of the acts of nineteen hundred ninety-one, by the Children's Trust Fund, the comptroller is hereby authorized and directed to transfer from said fund to the General Fund an amount equal to the appropriation established by this item; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred sixteen thousand nine hundred forty-seven dollars, including not more than three positions........167,147 4130-0005 For the field operations licensing program; provided, that no funds from this item may be expended for family support services; provided further, that the office generate not less than seven hundred thousand dollars from licensing fees and day care lists to be deposited in the General Fund; and pro- Chap. 110 vided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four million one hundred sixty-nine thousand eight hundred thirty-three dollars, including not more than one hundred and twenty positions........................... 5,154,554 Federal Appropriations 4130-2087 For the purposes of a federally funded grant entitled, Dependent Care Planning & Development; provided that, one hundred twenty thousand doUars shall be expended for operating expenses of child care resource and referral programs that provide direct services to parents; and provided further, that one hundred ninety thousand dollars shall be expended to provide through contracts basic day care services for children with disabilities in school-age child care programs not eligible for child care as defined by Title IV-F of the Social Security Act.................................... 4130-2088 For the purposes of a federally funded grant entitled, Child Development Assistance............................. 4130-9002 For the purposes of a federal grant entitled, Child Abuse Preven tion Activities................................... Massachusetts Soldiers' Home 4180-0100 For the maintenance of the soldiers' home in Massachusetts, located in the city of Chelsea; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eleven million two 310,378 . 32,607 . 40,660 Chap. 110 hundred forty-three thousand nine hundred seventy-seven dollars, including not more than three hundred and ninety-two positions....................................... 16,787,446 For the maintenance of a specialized unit for the treatment of Alzheimer's disease patients at the soldiers' home in Chelsea; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred fifty-seven thousand eight hundred eighty-one dollars, including not more than twelve positions ...........405,881 The soldiers' home in Massachusetts located in the city of Chelsea may expend revenues up to a maximum of forty-eight thousand dollars for facility maintenance and patient care, including personnel costs; provided, that sixty percent of all revenues generated pursuant to section two of chapter ninety of the General Laws, through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with said license plates, shall be deposited into and for the purposes of this retained revenue account of the soldiers' home in Chelsea, Massachusetts.......48,000 Holyoke Soldiers' Home 4190-0100 For the maintenance of the soldiers' home in Holyoke; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed nine million eight thousand nine hundred fifty-one dollars, including not more than three hundred and six positions............................. 11,427,219 4180-0101 4180-1100 Chap. 110 For the maintenance of an adult day care program at the soldiers' home in Holyoke; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred nineteen thousand one hundred thirty dollars, including not more than four positions ............................................ 119,130 The soldiers' home in Holyoke may expend revenues up to a maximum of thirty-two thousand dollars for facility maintenance and patient care, including personnel costs; provided, that forty percent of all revenues generated pursuant to section two of chapter ninety of the General Laws, through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with said license plates, shall be deposited into and for the purposes of this retained revenue account of the Holyoke soldiers' home . . . 32,000 Department of Youth Services 4200-0010 For the administration of the department; provided, that the department shall develop an AIDS education plan for youths in custody or under supervision of the department; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed fifteen thousand dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million seven hundred ninety-seven thousand three hundred eighty-four dollars, including not more than forty-six 4190-0101 4190-1100 Chap. 110 positions....................................... 2,406,571 4200-1111 For the services and operations of the department including community-based services; provided, that the department may expend not more than four million dollars from federal revenues collected pursuant to Title IV-E of the Social Security Act; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called.......................... 4,000,000 4202-0001 For the purchase of service for secure treatment programs, so-called, in accordance with the provisions of chapter twenty-eight A of the General Laws; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed seven million three hundred seventy-three thousand four hundred fifty-two dollars; provided further that the commissioner is hereby authorized to transfer up to twenty-five percent of the funds appropriated herein to items 4202-0002, 4202-0003,4202-0004,4202-0005, and 4202-0006 of section two of this act; and provided further, that thirty days before any such transfer is made, said commissioner shall file with the budget bureau and the senate and house committees on ways and means a plan showing the amounts to be transferred Chap. 110 and the reason for the proposed transfer ............... 7,373,452 4202-0002 For the purchase ofservice for detention programs, so-called, in accordance with the provisions of chapter twenty-eight A of the General Laws; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed ten million four hundred forty-three thousand seven hundred sixty-six dollars; provided further, that the commissioner is hereby authorized to transfer up to twenty-five percent of the funds appropriated herein to items 4202-0001, 4202-0003, 4202-0004,4202-0005, and 4202-0006 of section two of this act; and provided further, that thirty days before any such transfer is made, said commissioner shall file with the budget bureau and the senate and house committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer.................... 10,443,766 4202-0003 For the purchase ofservice for community-based treatment programs, so-called, in accordance with the provisions of chapter twenty-eight A of the General Laws; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of Chap. 110 this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed nine million one hundred sixty-five thousand sixty-nine dollars; provided further, that the commissioner is hereby authorized to transfer up to twenty-five percent of the funds appropriated herein to items 4202-0001, 4202-0002, 4202-0004, 4202-0005, and 4202-0006 of section two of this act; and provided further, that thirty days before any such transfer is made, said commissioner shall file with the budget bureau and the senate and house committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer...................... 9,165,069 4202-0004 For the purchase of service for transitional management programs, so-called, in accordance with the provisions of chapter twenty-eight A of the General Laws; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed three million eighteen thousand five hundred ninety-five dollars; provided further, that the commissioner is hereby authorized to transfer up to twenty-five percent of the funds appropriated herein to items 4202-0001, 4202-0002, 4202-0003,4202-0005, and 4202-0006 of section two of this act; and provided further, that thirty days before any such transfer is made, said commissioner shall file with the budget bureau and the senate and house committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer...................... 3,018,595 4202-0005 For the purchase of service for medical services, so-called, for youths in the custody of the department; provided, that not- Chap. 110 withstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed seven hundred forty-seven thousand two hundred and twenty-one dollars; provided further, that the commissioner is hereby authorized to transfer up to twenty-five percent of the funds appropriated herein to items 4202-0001, 4202-0002, 4202-0003,4202-0004, and 4202-0006 of section two of this act; and provided further, that thirty days before any such transfer is made, said commissioner shall file with the budget bureau and the senate and house committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer........................747,221 4202-0006 For the purchase of service for educational and vocational programs, so-called, for youths in the custody of the department; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed eight hundred ninety-one thousand one hundred sixty-three dollars; provided further, that the commissioner is hereby authorized to Chap. 110 transfer up to twenty-five percent of the funds appropriated herein to items 4202-0001, 4202-0002, 4202-0003, 4202-0004, and 4202-0005 of section two of this act; and provided further, that thirty days before any such transfer is made, said commissioner shall file with the budget bureau and the senate and house committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer...........................................891,163 4237-1010 For supervision, counseling, and other services by the department incidental to certain residential or non-residential care programs; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed fifteen thousand five hundred dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four million nine hundred thirty-seven thousand two hundred eighty-six dollars, including not more than one hundred and fifty-two positions .......................................... 5,809,317 4238-1000 For the operation of the secure facilities administered and operated by the department; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and ap- Chap. 110 proved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed twenty-seven thousand two hundred dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed nine million eight hundred fourteen thousand two hundred sixty-nine dollars, including not more than three hundred thirty-nine positions .............................. 13,853,004 Department of Public Welfare Notwithstanding any provision of general or special law to the contrary, unless otherwise expressly provided all federal reimbursements received for the purposes of the department of public welfare, including reimbursements for administrative, fringe and overhead costs, for fiscal year nineteen hundred ninety-four and prior fiscal years, shall be credited to the General Fund, and the department shall submit on a monthly basis to the house and senate committees on ways and means and the secretary of administration and finance a status report on program expenditures, savings and revenues, error rate measurements, public assistance caseloads and benefits. 4400-1000 For the central administration of the department, including the development and maintenance of automated data processing systems and services in support of department operations, and for the administration of department programs in local welfare offices including a program of health services for certain recipients and the expenses of operating a food stamp program; provided, that the commissioner, the repre-sentatives of the fifth Essex district, the thirteenth Essex district and the thirteenth Suffolk district are hereby authorized and directed to conduct a study to recommend a pilot program to reduce in a cost effective manner the incidence of hotel and motel referrals by the department; provided further, that three hundred and fifty thousand dollars shall be expended on a food stamp outreach program; provided further, that all federal funds received by the department shall be deposited in the General Fund; provided further, that the department shall develop an AIDS education plan for clients served by the department; provided further, that all costs associated with Chap. 110 verifying disability for the emergency aid to the elderly, disabled and children program shall be paid from this item; provided further, that the commissioner is hereby authorized to allocate funds from this item to item 4000-0300 of section two of this act for the pur-pose of appropriately distributing support costs associated with the transfer of the medicaid program to the executive office of health and human services; provided further, that no funds may be transferred after January first, nineteen hundred ninety-four; provided further, that the department shall pro-vide advance notice of said transfer to the house and senate committees on ways and means; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed ninety-eight million two hundred twenty-seven thousand two hundred forty-three dollars, including not more than two thousand eight hundred eighty-five positions .................................. 124,937,794 4401-1000 For a program to provide employment and training services for recipients of benefits provided under the program of aid to families with dependent children and the absent parents of said recipients; provided, that certain parents who have not yet reached the age of eighteen years, including those who are ineligible for aid to families with dependent children, and who would qualify for benefits under the provisions of chapter one hundred eighteen of the General Laws but for the deeming of the grandparents' income, be allowed to participate in the MassJOBS program; provided further, that the department may allocate funds from this line item to other agencies for the purposes of the MassJOBS program; provided further, that no funds from this item shall be expended for day care or independent child care; provided further, that Chap. 110 expenditures shall not exceed appropriation; provided further, that no recipient of the MassJOBS program may pursue more than one course of study, except that a high school diploma or G.E.D. shall not be considered a course of study; provided further, that the department shall notify the house and senate committees on ways and means of all such allocations; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called ................................ 11,815,691 4403-2000 For aprogramof aid to families with dependent children; provided, that the need standard shall be equal to the standard in effect in fiscal year nineteen hundred eighty-nine; provided further, that the payment standard shall be equal to the need standard; provided further, that a forty dollar per month rent allowance shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing, subject to federal reimbursement; provided further, that a nonrecurring children's clothing allowance in the amount of one hundred fifty dollars shall be provided to each child eligible under this program in September, nineteen hundred ninety-three, subject to federal reimbursement; provided further, that said children's clothing allowance shall be included in the standard of need for the month of September, nineteen hundred ninety-three; provided further, that the department shall assure that eligibility is redetermined in the month of October for any applicant made eligible for assistance by virtue of said increase in the standard of need; provided further, that benefits under this program shall not be available to those families where a child has been removed from the household pursuant to a court order after a care and protection hearing on child abuse, nor to families otherwise eligible for aid to families with dependent children but for the temporary removal of the dependent child Chap. 110 or children from the home by the department of social services in accordance with department procedures; provided further, that notwithstanding the provisions of section two of chapter one hundred eighteen of the General Laws, or any other general or special law to the contrary, the department shall render aid to pregnant women with no other eligible dependent children only if it has been medically verified that the child is expected to be born within the month such payments are to be made or within the three month period following such month of payment, and who, if such child had been born and was living with her in the month of payment would be categorically and financially eligible for aid to families with dependent children benefits; provided further, that child support payments collected pursuant to Title TV-D of the Social Security Act, not to exceed an amount of seventy million dollars, shall be credited to this account and may be expended without further appropriation for the purposes of this program; provided further, that certain families which suffer a reduction in benefits due to their loss of earned income and participation in retrospective budgeting may receive a supplemental benefit to compensate them for this loss; provided further that no funds from this item shall be expended by the department for daycare or transportation services for the employment and training program; and provided further, that no funds from this item shall be expended by the department for family reunification benefits, or independent child care services................... 706,257,463 4403-2013 The department may expend an amount not to exceed seventy million dollars, in accordance with the provisions of item 4403-2000 of section two of this act, accrued from the child support payments collected pursuant to Title TV-D of the Social Security Act, for the purposes of the program of aid to families with dependent children..................... 70,000,000 4403-2100 For aprogramof emergency assistance and shelter for needy families who are homeless or at risk of becoming homeless; provided, that the department may allocate funds to other agencies for the purposes of said program; provided further, that the department is authorized to enter into an interagency agreement with the executive office of communities and development for a program to prevent homelessness; provided further, that at least as many shelter spaces as were provided for homeless families during fiscal year nineteen hundred ninety-three be made available in fiscal year nineteen hundred ninety-four; provided further, that the winter shelters, so-called, be operated year-round; provided further, that the department shall prepare and promulgate rules and regulations to prevent abuse in the emergency assistance program; provided further, that said rules and regulations shall include but not be limited to a year to year cross check of recipients to determine if a person has received similar benefits in the previous twenty-four months; provided further, that if a person has utilized emergency assistance benefits more than once within twenty-four months, the department is hereby authorized and directed to place said person on a protective payment schedule for the entire period during which said person is receiving said benefits; provided further, that no advance payments shall be paid in fiscal year nineteen hundred ninety-four; provided further, that no funds shall be expended for social service assessments during fiscal year nineteen hundred ninety-four; provided further, that no funds may be expended for heat or utility arrearages, so-called; provided further, that no emergency assistance funds shall be expended for costs not directly attributable to rent or mortgage liability and shelter; provided further, that the department is hereby authorized and directed to place a lien against the residence owned by any beneficiary of payments from this item for mortgage arrearages; provided further, that said lien shall be in the amount of said mortgage arrearage payments and interest which shall accrue thereon at the rate established by section three of chapter one hundred seven of the General Laws; provided further, that said lien, and accrued interest, shall be payable to the commonwealth when said lien is executed; provided further, that funds from this item expended for emergency shelter costs shall be subject to federal reimbursement; provided further, that the department shall establish and administer a pilot program to reduce homelessness for needy families in Barnstable County; provided further, that not less than two hundred fifty thousand dollars shall be expended for the purposes of said pilot program; provided further, that no funds appropriated for said pilot program shall be expended for the administration of said program by the department, local housing authorities or non- Chap. 110 profit organizations; provided further, that the department shall provide a comprehensive monthly report which tracks statewide use of the emergency assistance program by category of assistance, caseload, average length of use or stay, and the amounts expended monthly by category of assistance to the house and senate committees on ways and means; provided, that the department may allocate funds to other agencies for the purposes of said program; provided further, that the department shall notify the house and senate committees on ways and means of all such allocations; provided further, that, notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called......................... 48,573,800 4405-2000 For the state supplement to the supplemental security income program for the aged and disabled, including a program for emergency needs for supplemental security income recipients; provided, that the expenses of special grants recipients residing in rest homes, as provided in section seven A of chapter one hundred and eighteen A of the General Laws, may be paid from this item; provided further, that the expenses of a program to aid emergency assistance to the elderly, disabled and children recipients in becoming eligible for said supplemental security income program may be paid from this item; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and Chap. 110 reporting system, so-called ....................... 188,833,580 4406-3000 For the homelessness program to assist individuals who are homeless or in danger of becoming homeless, including assistance to organizations which provide food, shelter, housing search, and limited related services to the homeless and indigent; provided, that the department may allocate funds to other agencies for the purposes of this program; provided further, that the department shall notify the house and senate committees on ways and means of all such allocations; provided further, that eight hundred sixteen thousand fifty-nine dollars shall be expended for the health care for the homeless programs in Boston, Worcester and Springfield and that not less than four hundred sixty-three thousand ninety-six dollars shall be expended for the Boston health care for the homeless program; provided further, that not less than forty thousand dollars be obligated to initiate a health clinic in a comprehensive multi-service center located in the city of Lynn; and provided further, that at least as many shelter spaces as were provided for homeless families and individuals during fiscal year nineteen hundred and ninety-three be made available in fiscal year nineteen hundred and ninety-four; provided further, that not less than ten million three hundred twenty-three thousand ninety-four dollars for a contract with the Pine Street Inn located in the city of Boston; including not less than seven hundred eighty-eight thousand four hundred nineteen dollars for a comprehensive multi-service day treatment program for the homeless in the city of Boston; including not less than two million five hundred ninety-nine thousand three hundred fifty-seven dollars for the PIP shelter in Worcester, the Daybreak Shelter in Lawrence, the Long Island Shelter in Boston; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting Chap. 110 system, so-called ................................ 22,981,117 4408-1000 For a program of cash assistance to certain residents of the commonwealth pursuant to chapter one hundred seventeen A of the General Laws, entitled emergency aid to the elderly, disabled, and children, found by the department of public welfare to be eligible for such aid, pursuant to regulations promulgated by said department and subject to the limitations of appropriation therefor; provided, that the payment standard shall equal the payment standard in effect under the general relief program in fiscal year nineteen hundred ninety-one; provided, further, that said program may include a program of medical benefits; provided further, however, that said program shall include services provided in public detoxification and outpatient substance abuse treatment centers; provided further, that a thirty-five dollar rent allowance, to the extent determined to be possible within the appropriation by the department, shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing; provided further, that the department may provide benefits to persons age sixty-five or older who have applied for benefits under chapter one hundred eighteen A of the General Laws, to persons who suffer from a medically determinable impairment or combination of impairments which is expected to last for a period as determined by department regulations and which substantially reduces or eliminates the individual's capacity to support him or herself, which have been verified by a competent authority, to certain persons caring for a disabled person, to otherwise eligible participants in the vocational rehabilitation program of the Massachusetts rehabilitation commission, to otherwise eligible students under age twenty-one who are regularly attending full time a grade, high school, technical or vocational school not beyond the secondary level and to dependent children, who are ineligible for benefits under chapter one hundred eighteen of the General Laws and parents or other caretakers of dependent children who are ineligible under said chapter one hundred eighteen; provided further, that no ex-offender, person over age forty-five without a prior work history, or person in a residential treatment facility shall be eligible for benefits under this program unless said person otherwise meets the eligibility criteria described herein and Chap. 110 defined by regulations of the department; provided further, that any person incarcerated in a correctional institution shall not be eligible for benefits under said program; provided further, that benefits under this program shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law and shall not be provided to illegal or undocumented aliens; provided further, that no funds shall be expended from this item for the payment of expenses associated with any medical review team, other disability screening process or costs associated with verifying disability for this program; provided further, that the department shall promulgate emergency regulations pursuant to chapter thirty A of the General Laws to implement the changes to this program required by this act promptly and within the appropriation; provided further, that in initially implementing the program for this fiscal year, the department shall include all eligibility categories permitted herein at the payment standard in effect for the former general relief program in fiscal year nineteen hundred ninety-one; provided further, that in promulgating, amending, or rescinding its regulations with respect to eligibility or benefits, including the payment standard, medical benefits, and any other benefits under this program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the appropriation; provided further, that notwithstanding the provisions of any general or special law to the contrary or this line item to the contrary, thirty days before implementing any eligibility or benefit changes or both to the program, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for said program will be insufficient to meet projected expenses and a report setting forth such proposed changes; provided further, that said report shall contain detailed information concerning the current and proposed operation of the program, including categories of eligibility, number of eligible persons in each category, demographic information regarding said persons, services rendered to said persons, direct service costs, administrative costs, and an explanation of the need for pro- Chap. 110 posed changes in eligibility requirements or benefit levels or both; provided further, that the department is authorized to promulgate emergency regulations pursuant to chapter thirty A of the General Laws to implement these eligibility or benefit changes or both; provided further, that nothing herein shall be construed as creating any right accruing to recipients of the former general relief program; provided further, that the secretary of health and human services shall report monthly to the house and senate committees on ways and means for the preceding month on the numbers of persons applying for benefits under this program, by category, age, and disability, if any, and the number of persons receiving and denied benefits under this program by category, age and disability, if any; and provided further, that notwithstanding any general or special law to the contrary, the funds made available herein shall be the only funds available for said program, and the department shall not spend funds for said program in excess of the amount made available herein, and subject to the condition that no funds appropriated herein shall be expended for the payment of abortions not necessary to prevent the death of the mother.................. 100,685,992 Federal Appropriations 4407-9002 For the purposes of a federally funded grant entitled, Mass-JOBS; provided, that federal reimbursements which are solely attributable to the provision of job training, in an amount not to exceed seventeen million eight hundred ninety-six thousand seven hundred eight dollars, may be credited to this item; provided, that notwithstanding the provisions of section one of this act or any other general or special law to the contrary, federal reimbursements received in excess of the amount specified herein and federal reimbursements received in prior fiscal years shall be credited to the General Fund . . 4407-905 5 For the purposes of a federally funded grant entitled, Emergency Shelter Grant ................................ 4407-9057 For the purposes of a federally funded grant entitled, Transitional Housing ................................. 4407-9070 For the purposes of a federally funded grant entitled, At Risk Day Care; provided, that the department shall enter into an interagency agreement with the department of social services 17,896,708 . . 500,000 1,517,000 Chap. 110 for the purposes of this program; provided further, that such interagency agreement shall require the department to make child care provided herein available to those persons at risk of becoming eligible for the aid to families with dependent children program; provided further, that five million eight hundred thousand dollars received pursuant to this grant shall be expended for the purchase of income eligible contracts; and provided further, that four hundred thousand dollars shall be expended for the management of the income eligible voucher system................................... 6,200,000 4407-9072 For the purposes of a federally funded grant entitled, Parents Fair Share, Title IV-F................................178,383 4407-9073 For the purposes of a federally funded grant entitled, Parents Fair Share, Title IV-D.................................41,305 4407-9080 For the purpose of a federally funded grant, entitled Ensuring Success for Parents..................................105,774 Department of Public Health 4500-1010 For the purpose of a tobacco control program; provided, that the department is authorized to expend funds for a media campaign on the dangers of cigarette smoking and other forms of tobacco use; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the con-tracted provider service costs associated with the purposes of the programs funded herein shall not exceed six million dollars .... 6,000,000 Health Protection Fund............... 100.0% 4510-0100 For the administration of the department pursuant to the provisions of chapters seventeen and one hundred eleven of the General Laws; provided, that the position of assistant commissioner shall not be subject to chapter thirty-one of the General Laws; provided further, that the department is hereby Chap. 110 authorized and directed, in conjunction with the division of capital planning and operations, to negotiate and enter into lease arrangements for fiscal year nineteen hundred ninety-four; provided further, that said lease costs shall not be greater than those incurred in fiscal year nineteen hundred ninety-three; provided further, that the department of public health is hereby authorized to collect revenues not less than one hundred seventy-five thousand dollars pursuant. to licensure of mamography facilities; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six million nine hundred thirty-nine thousand nine hundred fourteen dollars, including not more than one hundred seventy-two positions 9,418,438 4510-0110 For community and other health centers' operational grants program, including programs in smoking cessation; provided, that notwithstanding any general or special law to the contrary, not less than seventy thousand dollars shall be expended for south Boston community health center; provided further, that notwithstanding any general or special law to the contrary, not less than one hundred fifty thousand dollars shall be expended for the Massachusetts general hospital neighborhood health center; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed one million one hundred twenty-seven thousand dollars .................................... 1,127,000 Health Protection Fund.................100% 4510-0600 For an environmental health program, including control of radiation and nuclear hazards and consumer products protection, including food and drugs and a program of lead poison- Chap. 110 ing prevention, in accordance with chapter seven hundred seventy-three of the acts of nineteen hundred eighty-seven, and for the maintenance of poisoning prevention inspections teams to inspect for lead- based paint in day care facilities, and for an inspection and licensing program of x-ray technologists, including the payment of fringe and indirect costs for employees compensated under this program, and for the administration of the division of environmental epidemiology and toxicology and for the purpose of implementing certain provisions of chapter four hundred seventy of the acts of nineteen hundred eighty-three, the "Right-To-Know" law, so-called; provided, that the expenditures from this item for the fair packaging and labeling survey program shall be contingent upon the prior approval of the proper federal authorities for reimbursement of one hundred percent of the amounts so expended; provided further, that not less than one hundred fourteen thousand dollars shall be obligated for the implementation of a program to manage the disposal of low-level radioactive waste in accordance with sections seven, eight, eleven, thirteen and sixteen of chapter one hundred eleven H of the General Laws; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million four hundred seventy-five thousand thirty dollars, including not more than seventy-five positions....................2,785,412 4510-0615 The department of public health is hereby authorized to expend revenues in an amount not to exceed seventy-five thousand dollars accrued from assessments paid in accordance with section five K of chapter one hundred eleven of the General Laws, for services provided to monitor, survey and inspect nuclear power reactors; provided that, the department is hereby further authorized to expend revenues not to exceed three hundred fifty thousand dollars from fees collected from the licensing and inspecting of users of radioactive material within the commonwealth under licenses presently issued by the nuclear regulatory commission; and provided further, that revenues collected may be used for all program costs including compensation of employees ...................... 425,000 Chap. 110 4510-0616 For a drug registration and monitoring program; provided, that the department of public health may expend an amount not to exceed four hundred eighty-one thousand dollars from revenues received from a fee charged to registered practitioners, including physicians, dentists, veterinarians and podiatrists, for controlled substance registration ....................481,000 4510-0710 For the administration of the division of health care quality; provided, that said division shall be responsible for assuring the quality of patient care provided by the commonwealth's health care facilities and services, and protecting the health and safety of patients who receive care and services in nursing homes, rest homes, clinical laboratories, clinics, institutions for the mentally retarded and ill, hospitals and infirmaries, including the inspection of ambulance services; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four million three hundred seventy-two thousand eight hundred seventy-eight dollars, including not more than ninety-six positions........................... 5,478,247 4510-0712 The department of public health is hereby authorized to expend revenues collected pursuant to the licensure of health facilities up to a maximum of one hundred twenty-nine thousand dollars ......................................129,000 4510-0750 For the cost of providing certificates of need, pursuant to section twenty-five C of chapter one hundred eleven of the General Laws; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred thirty-eight seven hundred twenty dollars, including not more than three positions.............154,145 4510-0790 For the regional emergency medical services program; provided, that the regional emergency medical services councils and the C-MED communications designated as such in accordance with 105 CMR 170.101 as of January first, nineteen hundred ninety-two shall remain the designated councils and C-MEDs; and provided further, that not less than sixty-eight thousand dollars shall be made available for region one, not less than eighty-eight thousand dollars shall be made available for region two, not less than eighty-eight thousand dol- Chap. 110 lars shall be made available for region three, not less than eighty-eight thousand dollars shall be made available for region four, and not less than sixty-eight thousand dollars shall be made available for region five.......................400,000 Local Aid Fund..................... 100.0% 4512-0103 For the acquired immune deficiency syndrome program; provided, that not less than six hundred seventy-nine thousand dollars be obligated to comprehensive family planning providers for AIDS prevention education; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed twenty-six million nine hundred forty-one thousand four hundred fifty dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million ninety-four thousand four hundred eighty-seven dollars, including not more than twenty-two positions............ 30,479,767 General Fund ....................... 70.0% Health Protection Fund................ 30.0% 4512-0110 For a program to provide rental subsidies to persons with AIDS for the purpose of preventing institutionalization in acute hospitals, chronic hospitals and nursing homes; provided, that the department of public health may contract for the administration of said program; provided further, that the costs of said administrative contract shall not be expended from this item; provided further, that said department shall submit a plan detailing the administration of said program to the house and senate committees on ways and means; provided further, Chap. 110 that any such subsidies in effect on June thirtieth, nineteen hundred ninety-one shall remain in effect until said plan is submitted; and provided further, that no funds shall be expended for subsidies for housing units in excess of the number of units funded and occupied on June thirtieth, nineteen hundred ninety-one.................................120,000 4512-0200 For the administration of the division of substance abuse services, including a program to reimburse driver alcohol education programs for services provided for court adjudicated indigent clients; provided, that five hundred fifty thousand three hundred fifty dollars shall be expended for a contract to furnish drug-free ambulatory recovery counseling and case management treatment; provided further, that five hundred thousand dollars shall be expended for AIDS education for clients served by said program; provided further, that not less than three hundred ninety thousand dollars shall be expended for the Celeste House; provided further, that three hundred fifty thousand dollars shall be allocated to provide three pilot child care programs, one family day care system model and two on-site traveling models for the children of parents in ambulatory drug and alcohol treatment; provided further, that the department shall expend five hundred thousand dollars for the treatment and detoxification of intravenous drug users who test positive for HIV, so-called, provided further, that the department shall expend two hundred thousand dollars for the establishment of a residential program to provide alcohol and drug treatment services to Hispanic women in the Commonwealth; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed twenty-nine million Chap. 110 two hundred ninety-four thousand six hundred ninety-seven dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred sixty-two thousand eight hundred eighty-five dollars, including not more than five positions ......................................... 30,449,000 Health Protection Fund................ 59.0% General Fund ....................... 41.0% 4512-0225 The commissioner of the department of public health may expend an amount not to exceed two hundred thirty thousand eight hundred thirty-two dollars, which the state comptroller is hereby authorized and directed to transfer to the General Fund from unclaimed prize money that has been held in the State Lottery Fund for more than one year from the date of the drawing in which the prize was won, for a compulsive gamblers treatment program; provided further, that any expenditures for said program shall be subject to the approval of said commissioner; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed two hundred thirty thousand eight hundred thirty-two dollars .....230,832 4512-0500 For dental health services; provided, that dental services shall be provided to residents of the state schools for the mentally retarded and statewide community-based dental programs for persons with mental retardation; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided Chap. 110 further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed one million two hundred eighty-one thousand six hundred forty-eight dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred four thousand one hundred ninety dollars, including not more than three positions ................................... 1,433,653 4513-1000 For the administration of the division of family health services, including a program of maternal and child health to be in addition to any federal funds received for this program; provided, that not less than two hundred fifty thousand dollars shall be expended on community-based perinatal outreach and education programs targeted to those communities with severe infant mortality issues; provided that eight million dollars be allocated from this item to the department of medical security for the establishment of a primary and preventive health care program for dependent and adoptive youth from ages six to twelve pursuant to the provisions of section one hundred fifty-seven of this act; provided further, that not less than ten million nine hundred twenty-five thousand six hundred thirty-nine dollars be expended for early intervention services; provided further, that not less than one million dollars shall be expended for rape prevention and victim services; provided further, that two million six hundred thirteen thousand dollars shall be expended for family planning services provided by agencies certified as comprehensive family planning agencies; provided further, that no less than seven hundred forty-eight thousand dollars shall be expended for pregnant and parenting adolescent programs; provided further, that not less than two million thirty-nine thousand six hundred thirteen dollars shall be expended for Chap. 110 school and community-based teen health pro-grams; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropri-ation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed twenty-four million five hundred seventy-three thousand four hundred ninety-eight dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million six hundred eighty thousand four hundred forty-two dollars, including not more than fifty positions ............................... 27,742,498 Health Protection Fund.............. 100.0% 4513-1002 For the administration of the office of nutritional services to be in addition to funds received under the federal nutrition program for women, infants, and children; provided, that within thirty days of the effective date of this act the department shall report to the house and senate committees on ways and means the total number of cases which can be supported with funds from this item without incurring a deficiency; provided further, that the department shall report quarterly to the house and senate committees on ways and means on all expenditures from this item and from the federal nutrition program for women, infants and children, including the numbers of participants in each program; provided further, that not less than six hundred two thousand dollars shall be obligated for failure to thrive programs; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said Chap. 110 purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed five million seven hundred twenty-three thousand eight hundred ten dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed forty-eight thousand three hundred four dollars, including not more than two positions............ 15,591,719 Health Protection Fund............... 100.0% 4513-1005 For the program of medical care and assistance administered by the department pursuant to section twenty-four D of chapter one hundred eleven, for pregnant women and infants residing in the commonwealth; provided, that pursuant to an interagency agreement established with the division of medical assistance within the executive office of health and human services, the department of public health shall determine the eligibility for low income pregnant women for Title XIX and women eligible for service under section one A of chapter one hundred and eighteen E of the General Laws; provided further, that the department shall submit a report, on a quarterly basis, to the house and senate committees on ways and means which shall include, but not be limited to, the number of women served during that quarter, categories of age, types of services provided, and expenditures made; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and ap- Chap. 110 proved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed one hundred seventy-six thousand six hundred eight dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed sixty-two thousand six hundred nine dollars, including not more than two positions.................. 6,336,905 Health Protection Fund.................100% 4513-1012 The commissioner of the department of public health may expend an amount not to exceed sixteen million two hundred thousand dollars from revenues received from the infant formula price enhancement system, hereby authorized, for the purpose of increasing the caseload of the WIC program . . . 16,200,000 4513-1111 For an osteoporosis education and prevention program within the department of public health; provided, that the program shall include, but not be limited to: (1) development or identification of educational material to promote public awareness of the cause of osteoporosis, options for prevention, the value of early detection, and possible treatments, including their benefits and risks, to be made available for consumers, particularly targeted to high risk groups; (2) development or identification of professional education programs for health care providers; (3) development and maintenance of a list of current providers of specialized services for prevention and treatment of osteoporosis............................ 500,000 Health Protection Fund.................100% 4516-1000 For the administration of the center for laboratory and communicable disease control services, including the division of communicable venereal diseases, the division of tuberculosis control, the state laboratory institute, and shall give priority to services to analyze samples used in prosecution of controlled substances offenses; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fis- Chap. 110 cal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed one million eight hundred seventy-five thousand eight hundred thirteen dollars; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five million eight hundred fifteen thousand four hundred thirty-five dollars, including not more than one hundred fifty-eight positions......................... 9,842,042 4518-0100 For the administration of the office of health statistics analysis and for the operation of a cancer registry and occupational lung disease registry; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed nine hundred sixty-four thousand seven hundred eighteen dollars, including not more than thirty-three positions ................................. 1,238,902 Health Protection Fund............... 100.0% 4518-0200 The department of public health is hereby authorized to expend revenues in an amount not to exceed four hundred fifty thousand dollars accrued from fees collected from the amendment of vital records by the registrar of vital records and statistics, all requests for vital records not issued in person at the offices of the registry and research performed by registry staff at the registry of vital records; provided, that revenues collected may be used for all program costs including compensation of employees .......................................450,000 4530-9000 For a program of technical assistance and purchase of services in support of implementation of comprehensive community plans for teenage pregnancy prevention; provided, that applications for such funds shall be administered through the department of public health upon receipt and approval of coordinated community service plans to be evaluated in accordance with guidelines issued by said department; provided further, that portions of said grants may be used for Chap. 110 state agency purchases of designated services identified by said community service plans; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts manage-ment accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed one million nine hundred seventy-seven thousand dollars ........................................... 1,977,000 4540-0900 For the maintenance of and for certain improvements to the department of public health hospitals; provided, that Tewksbury hospital shall not be used to house county, state or other prisoners", provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item and item 4590-0900 for the contracted provider service costs associated with the purposes of the program funded herein shall not exceed five million one hundred thousand dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item and item 4590-0900 of section two of this act, for the personnel costs associated with the purposes of the programs funded herein shall not exceed sixty-six million four hundred fifty-six thousand seven hundred eighty five dollars, including not more than two thou- Chap. 110 sand one hundred fifty-seven positions ................ 34,581,428 4570-1500 For an early breast cancer detection program, mammographies for the uninsured, breast cancer research, and a breast cancer detection public awareness program; provided, that not less than one million dollars be spent on a breast cancer research grant program to support innovative research by investigators who are in the formative stages of their careers; provided further, that research grants shall be awarded to investigators, post-doctoral fellows and assistant professors who are within ten years after completion of their highest degree or within ten years after completion of clinical training; provided further, that members of any selection review committee for the breast cancer research grant program shall be subject to chapter two hundred sixty-eight A and shall be prohibited from participating in the review or recommendation of an application filed by an organization with which they are affiliated; provided further, that such members may participate in the review and recommendation of applications filed by organizations with which they are not affiliated; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed two million six hundred seventy-two thousand dollars ................. 4,147,827 General Fund ....................... 73.0% Health Protection Fund................ 27.0% 4580-1000 For the universal immunization program of the department, established pursuant to section one hundred forty-one of chapter six hundred fifty three of the acts of nineteen hundred eighty-nine and section forty-five and forty-six of chapter four hun- Chap. 110 dred ninety-five of the acts of nineteen hundred ninety-one; provided, that the first ten million seven hundred thousand dollars of revenue deposited to the health care access fund shall be dedicated to the appropriation provided herein; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred thirty six thousand two hundred seventy-eight dollars.............................. 10,690,007 Health Care Access Fund .............. ' 100% 4590-0300 For the smoking prevention and cessation program pursuant to chapter two hundred fifty-four of the acts of nineteen hundred ninety-two; provided further, that priority be given to funding programs in communities with high smoking rates among women; provided, that not less than six million four hundred thousand dollars shall be paid from this item to the department of education for grants to cities, towns, and regional school districts for comprehensive health education programs including education on smoking prevention; provided further, that any funds distributed under this item shall be deposited with the treasurer of said city, town or regional school district held in a separate account and shall be expended without further appropriation by the school committee; provided further, that not less than two million four hundred thousand dollars shall be expended from this item for a school health service program including enhanced school and health centers; provided further that the department of public health and the department of education jointly establish standards and criteria for funded school health service programs; provided further, that, notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider Chap. 110 service costs associated with the purposes of the programs funded herein shall not exceed twenty-two million dollars .. 22,000,000 Health Protection Fund............... 100.0% 4590-0900 The department of public health hospitals may expend, an a-mount not to exceed sixty-six million four hundred thirty-six thousand one hundred seven dollars from revenues collected subject to the approval of the commissioner of public health; provided, that such revenues may be expended for the purpose of hospital related costs, including personnel, capital expenditures and motor vehicle replacement; provided further, that all revenues expended shall be pursuant to schedules submitted to the secretary of administration and finance and the house and senate committees on ways and means; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the hospitals may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that notwithstanding any general or special law to the contrary, Lakeville hospital, Rutland heights hospital, and western Massachusetts hospital shall be eligible to receive both the state and federal share of reimbursements from the medical assistance program of the division of medical assistance; provided further, that notwithstanding any general or special law to the contrary western Massachusetts hospital shall reimburse the General Fund for a portion of their employee benefit expenses, according to a schedule submitted by the commissioner of public health and approved by the secretary of administration and finance; provided further, that such reimbursement shall not exceed ten percent of total personnel costs for these hospitals; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases Chap. 110 are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item and item 4540-0900 for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed five million one hundred thousand dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item and item 4540-0900 for the personnel costs associated with the purposes of the programs funded herein shall not exceed sixty-six million four hundred fifty-six thousand seven hundred eighty-five dollars............................66,436,107 Federal Appropriations 4500-1000 For the purposes of a federally funded grant entitled, Preventive Health Services Block Grant; provided, that not less than four hundred and fifty thousand dollars shall be obligated to the emergency medical services regions; and provided further, that not less than five hundred and eighty-five thousand dollars be obligated for rape prevention and victim services .... 4,750,000 4500-2000 For the purposes of a federally funded grant entitled, Maternal and Child Health Services Block Grant; provided, that the department shall review and assess the process by which it allocates resources under this appropriation; provided further, that this process will involve the use of a needs assessment that clearly considers the magnitude, severity, and degree of risk for identified health problems within individual communities; and provided further, that a specific focus will be taken to support programs serving communities and neighborhoods with high poverty rates............................ 13,060,000 4502-1012 For the purposes of a federally funded grant entitled, Cooperative Health Statistics System.......................... 380,000 4510-0109 For the purposes of a federally funded grant entitled, State Loan Repayment Project .................................180,000 4510-0112 For the purposes of a federally funded grant entitled, Community Scholarship Program...............................50,000 4510-0400 For the purposes of a federally funded grant entitled, Grants Program to Support Alzheimer's Disease Research........... 3,953,000 4510-0500 For the purposes of a federally funded grant entitled, Clinical Laboratory Improvement Amendments...................600,000 Chap. 110 4510-0794 For the purposes of a federally funded grant entitled, State Emergency Medical Services Plan/Modification of Trauma Care Component .................................. 153,834 4510-9019 For the purposes of a federally funded grant entitled, Environmental Monitoring Program.......................... 100,000 4510-9040 For the purposes of a federally funded grant entitled, Diabetes Control Program...................................182,587 4510-9043 For the purposes of a federally funded grant entitled, Demonstration Program to Conduct Toxic Waste Site Impact Health Assessments.......................................316,248 4510-9048 For the purposes of a federally funded grant entitled, Indoor Radon Development Program......................... 186,100 4512-0102 For the purposes of a federally funded grant entitled, Application of the Principles of the Control of Syphilis.............922,921 4512-0179 For the purposes of a federally funded grant entitled, Vaccination Assistance Project ............................ 1,764,147 4512-9414 For the purposes of a federally funded grant entitled, Drug Free Schools and Communities Act of 1986.................4,806 4512-9415 For the purposes of a federally funded grant entitled, Boston Drug Treatment Improvement Project ................. 1,234,409 4512-9416 For the purpose of a federally funded grant entitled, Treatment Program for Critical Populations .........................4,447 4512-9421 For the purposes of a federally funded grant entitled, Drug Analysis Weed and Seed...............................30,000 4513-9007 For the purposes of a federally funded grant entitled, Nutritional Status of Women, Infants and Children (WIC); provided, that the department shall report quarterly to the secretary of administration and finance and the joint committee on federal financial assistance on all expenditures from this item and the state nutrition program for women, infants and children, including the numbers of participants in each program...... 47,431,032 4513-9018 For the purposes of a federally funded grant entitled, Augmentation and Evaluation of Established Health Education/Risk Reduction Program................................ 5,289,610 4513-9021 For the purposes of a federally funded grant entitled, Program for Infants and Toddlers with Handicaps................ 4,500,000 4513-9022 For the purposes of a federally funded grant entitled, Prevention Disability State Based Project..........................485,533 4513-9026 For the purposes of a federally funded grant entitled, Families C.A.N.—Care and Nurturance for At-risk Families . . ........439,000 4513-9027 For the purposes of a federally funded grant entitled, Mass. Care: Community AIDS Resource Enhancement............290,500 Chap. 110 4513-9030 For the purposes of a federally funded grant entitled, Planning Comprehensive Primary Care System for All Massachusetts Children and Youth ................................. 41,100 4513-9031 For the purposes of a federally funded grant entitled, Emergency Medical Services for Children Improvement and Expansion .............................................250,000 4513-9032 For the purposes of a federally funded grant entitled, South East Asia Birthing and Infancy Project.......................276,808 4513-9035 For the purposes of a federally funded grant entitled, AIDS Surveillance ..................................... 1,212,616 4513-9037 For the purposes of a federally funded grant entitled, AIDS Care........................................... 1,537,845 4513-9038 For the purposes of a federally funded grant entitled, Shelter Plus Care/Worcester ................................158,760 4515-0115 For the purposes of a federally funded grant entitled, Tuberculosis Control Project (317).......................... 1,479,063 4516-1015 For the purposes of a federally funded grant entitled, Lab Training Network....................................10,000 4518-1000 For the purposes of a federally funded grant entitled, Procurement of Information for the National Death Index (NDI) .......56,000 4518-1002 For the purposes of a federally funded grant entitled, Social Security Administration —Massachusetts Death File.........27,760 4518-1003 For the purposes of a federally funded grant entitled, Massachusetts Birth Records for Social Security Administration.....106,000 4518-9022 For the purposes of a federally funded grant entitled, Sentinel Event Notification System for Occupational Risks ..........180,000 4518-9023 For the purposes of a federally funded grant entitled, Census of Fatal Occupational Injuries......................... . 26,000 4518-9025 For the purposes of a federally funded grant entitled, Fatality Surveillance and Field Investigations.....................70,224 4512-9418 For the purposes of a federally funded grant entitled, Non-incarcerated Offenders...............................476,252 4540-8200 For the purposes of a federally funded grant entitled, Transitional Housing/Shattuck Shelter........................145,355 4570-1501 For the purposes of a federally funded grant entitled, Breast and Cervical Cancer Prevention and Control/Core Capacity Building..........................................251,689 4570-1502 For the purposes of a federally funded grant entitled, Urinary Incontinence...................................... 205,295 Chap. 110 Department of Medical Security AGENCY MISSION To promote access to health care services through insurance programs, the uncompensated care pool and program established by various health care laws. STATUTORY REFERENCES COMPONENT PROGRAM Enabling Statutes 1. Administration M.G.L. C.118F 2. Medical Security Plan St. 1988, c.23 3. Labor Shortage Initiative St. 1991, c.495 4. Uncompensated Care Pool Administration 5. Healthy Kids 6. CenterCare 7. Health Care for the Homeless PROGRAM 1: Administration PROGRAM MISSION To manage policy development, contracting, fiscal and program operations for health benefit programs established by law. Program Objectives 1. Develop and coordinate a process of monitoring and improving program performance. Performance Measures 1. Program improvements and enhancements developed by the performance review process. Expected Outputs 1. TBR 2. Negotiate cost-effective 2a Program contracts that are 2a. TBR contracts for the manage- performance-based. ment of department programs. 2b. Average administrative cost 2b. 5% per client, as a percent of each program's total expenditure. 3. Provide information about 3a. Public inquiries per month. 3a 400 department programs to the public. 3b. Total inquiries answered 3b. TBR with staff resources. 3 c. Total inquiries referred to 3 c. TBR program vendor. Chap. 110 3d. Total inquiries referred to government agencies. 3d. TBR 4. Process invoices in a time- 4a. Total monthly bills. 4a. TBR ly manner. 4b. Bills processed within 45 days of receipt. 4b. 95% 4c. Late interest penalty payments, in dollars. 4c. $0 State Appropriation 4600-1000 For the administration program of the department of medical security; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred eighty-six thousand six dollars, including not more than fourteen positions........................703,293 PROGRAM 2: Medical Security Plan PROGRAM MISSION To ensure the provision of health benefits to the unemployed and their families whose prior year income does not exceed 400% of federal poverty income guidelines. Program Objectives 1. Monitor program vendor's enrollment of qualified individuals. Performance Measures la Average weekly enrollment, lb. Enrollment compared to total collecting unemployment benefits, lc. Applications processed and determined to be ineligible for Plan benefits. Expected Outputs la 35,000 lb. 40% lc. TBR 2. Monitor vendors to ensure the payment of qualified claims. 2a Average annual dollar value of claims paid per enrollee. 2b. Annual audit of vendor payments. 2c. Monthly estimate of claims reserve. 2d. Actuarial projection of Trust Fund solvency. 2a $1,200 2b. TBR 2c. TBR 2d. March 1994 Chap. 110 Public appearances, articles, 3 a. 10 consumer liaison and outreach activities per month. Brochures mailed to new 3b. TBR unemployment insurance recipients returned undeliverable, as a percent of total mailing. PROGRAM 3: Labor Shortage Initiative PROGRAM MISSION To implement programs that facilitate career advancement and train health care workers for under-staffed health care fields. Program Objectives Performance Measures Expected Outputs 1. Increase recruitment and la. Workers enrolled in training la 2,410 retentionof direct care programs. workers in thehealth care industry. lb. Trainees graduating. lb. 80% lc. Graduates finding new jobs lc. 1,450 or promoted within 3 months of graduation. 2. Provide cost-effective 2. Average training cost per 2. TBR training. worker. PROGRAM 4: Uncompensated Care Pool Administration PROGRAM MISSION To monitor and promote access to acute hospital services for qualified uninsured or underinsured individuals through management and financing of the uncompensated care pool. Program Objectives Performance Measures Expected Outputs 1. Manage the efficient col- la Monthly collections from la 12 lection and disbursement of hospitals report, uncompensated care pool payments. lb. Monthly payments to hospitals lb. 12 report, lc. Updates of hospital gross lc. 12 liability calculations. 3. Promote access to Plan 3a benefit information. 3b. Chap. 110 Hospital credit and collection 2a. 100% policies reviewed annually. Audits of hospital charges to 2b. 60 the uncompensated care pool completed. Total free care and bad debt 2c. TBR charges disallowed by audit compared to the total cost of audits. Vendor pool utilization review 3a. 12 reports filed. Pool beneficiaries enrolled 3b. TBR in managed care. State Appropriations 4600-1050 For the uncompensated care pool administration program established pursuant to section fifteen of chapter one hundred and eighteen F of the General Laws; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred seven thousand six hundred forty dollars, including not more than eleven positions .......................................... 1,267,869 4600-1054 For the purpose of making initial gross payments to qualifying acute care hospitals from the uncompensated care pool pursuant to the provisions of section fifteen of chapter one hundred and eighteen F of the General Laws for the hospital fiscal year beginning October first, nineteen hundred and ninety-three; provided, that said payments shall be made to hospitals prior to, and in anticipation of, the payment by hospitals of their gross liability to said pool; provided further, that the comptroller is hereby authorized and directed to transfer the amount appropriated herein to said pool for the purpose of making such payments; provided further, that the amount appropriated herein, less any amount unable to be collected from hospitals as certified by the commissioner of the department shall be returned to the General Fund at the end of the fiscal year ending June thirtieth, nineteen hundred and ninety-four; provided further, that in no event shall the amount unable to be collected from hospitals exceed for any hospital which is a net payer to said pool the pool's gross li- 2. Eliminate ineligible un- 2a. compensated care pool charges. 2b. 2c. Promote the cost-effective 3a. use of pool services by beneficiaries. 3b. Chap. 110 ability to such hospital or for any hospital which is a net payee to said pool the pool's gross liability from such hospital; and provided further, that the comptroller is hereby authorized and directed to transfer to the General Fund as of said June thirtieth the balance of this appropriation and any allocation thereof as certified by the said commissioner........ 30,000,000 PROGRAM 5: Healthy Kids PROGRAM MISSION To manage a statewide capitated insurance program providing preventive and primary care services to uninsured children from birth through age five. Program Objectives Performance Measures Expected Outputs 1. Monitor enrollment to the la Monthly enrollment cap. la. 9,680 level of appropriation. lb. Disenrollment and turnover. lb. 10% 2. Monitor actual utilization 2a. Vendor utilization reports against vendor initial projections. filed. 2b. Analyses of actual utilization compared with initial vendor projections. 3. Annual program evaluation 3. Report on enrollee demo- completed. graphics, insurance status, utilization, health outcomes, expenditures and adequacy of premium levels completed. 2a. 12 2b. 4 3. February 1994 4. Conduct a cohort study 4a Study to be designed. 4a. October 1993 comparing the health outcomes of program enrollees with uninsured children birth through age five. 4b. Research team assembled. 4b. January 1994 State Appropriations 4600-1200 For the preventive pediatric health care program established pursuant to section seventeen A of chapter one hundred eight- Chap. 110 een F of the General Laws; provided, that said department shall enter into a memorandum of understanding with the department of public health no later than August first, nineteen hundred ninety-three to ensure full utilization of this program and its coordination with other health care services for newborns and young children ..................... 4,272,790 Health Care Access Fund ............. 100.0% PROGRAM 6: CenterCare PROGRAM MISSION To manage a plan of capitated primary care access to income-eligible persons at independently-licensed community health centers and to assist such centers improve operations with technical assistance. Program Objectives Performance Measures Expected Outputs 1. Monitor enrollment to the la. Monthly enrollment cap. la 9,500 level of appropriation. lb. Community health centers lb. TBR participating in program. 2. Annual program evaluation completed. Report on enrollee demographics, insurance status, utilization, health outcomes and expenditures completed. 2. February 1994 3. Monitor program manage- 3a. Centers visited by department 3a TBR ment by health centers. staff each month. 3b. Enrollment documentation 3b. 100% at centers audited. Assist professional and 4a non-profit agencies in pursuing federal technical assistance funds available for community health centers. 4b. Agencies receiving federal assistance. 4a TBR Average amount of assistance. 4b. TBR State Appropriation 4600-1210 For the centercare program established at community health centers pursuant to section seventeen A of chapter one hundred and eighteen F of the General Laws; provided, that the department shall assist professional and nonprofit agencies Chap. 110 dedicated to the advancement of the scope and nature of services delivered in communities and community health centers and to pursue available federal technical assistance funding; and provided further, that not less than one hundred and eighty-five thousand three hundred and fifty dollars shall be expended on a statewide program of technical assistance to community health centers to be provided by a state primary care association qualified under section 330(f)(1) of the United States Public Health Service Act at 42 USC 254c....... 4,485,000 Health Care Access Fund ............. 100.0% PROGRAM 7: Health Care for the Homeless PROGRAM MISSION To provide medical respite services, including subacute, recuperative, substance abuse and mental health care to homeless persons in the Greater Boston area meeting free care eligibility criteria. Program Objectives 1. Divert subacute homeless patients from acute hospit- ization. Performance Measures la. Patients discharged to program from acute hospital inpatient settings, lb. Patients discharged to program from acute hospital emergency rooms, lc. Hospital-discharged clients compared to total program admissions. 1 d. Average length of stay in program for hospital-discharged clients. 1 e. Variance in length of stay for hospital-discharge clients and all other clients. Expected Outputs la. TBR lb. TBR lc. TBR Id. TBR le. TBR Provide clients with housing, employment and financial counselling upon discharge from the program. 2a. Clients assisted with Supplemental Security Income application. 2b. Clients placed in housing. 2a TBR 2b. TBR Chap. 110 3. Monitor vendor perform- 3. Vendor utilization and expense 3. 12 ance against contract stand- reports filed, ards. State Appropriation 4600-1230 For a program of medical respite services provided by the Boston health care for the homeless program established pursuant to section seventeen A of chapter one hundred eighteen F of the General Laws.................................. 300,000 Health Care Access Fund .............100.0% Department of Social Services Notwithstanding any provision of general or special law to the contrary, the department of social services shall report monthly to the house and senate committees on ways and means and to the secretary of administration and finance the current social worker caseloads by type of case and level of social worker assigned to cases. Notwithstanding any provision of general or special law to the contrary, the department of social services shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance the amount expended on women-at-risk services; said report shall include the number of service units by category, utilization by category, and cost by category. Notwithstanding any provision of general or special law to the contrary, the department of social services shall provide spending plans to the house and senate committees on ways and means and the secretary of administration and finance for the federal grant entitled Title IV-B of the Social Security Act. Notwithstanding any provision of general or special law to the contrary, the department of social services shall not authorize purchased social services at a level that will cause expenditures to exceed appropriations and allocations from revolving funds; provided, that social services shall be maintained and expenditures allocated in such a manner that will not cause said services to be terminated prior to the end of the fiscal year. Notwithstanding any provision of general or special law to the contrary, the department of social services shall report monthly to the house and senate committees on ways and means and the secretary of administration and finance, the amount expended on permanency services; said report shall include the total number of children with the goal of adoption and guardianship by region, the number of new cases with the goal of adoption and guardianship by region and the number of adoptions finalized by region. 4800-0000 The department of social services may expend an amount not to exceed three million, eight hundred thousand dollars in federal revenues collected pursuant to the provisions of Title Chap. 110 IV-E of the Social Security Act to support the general administrative costs of the department, including the costs of personnel; provided, that expenditures made from the AA subsidiary, so-called, of this item and item 4800-0015 of section two of this act for the personnel costs associated with the purposes of the programs funded herein shall not exceed fourteen million one hundred seventeen thousand three hundred fifty-one dollars; provided further, that no Title IV-E revenues shall be credited to this item until said department has first deposited a total of fifty-eight million, three hundred thousand dollars in said Title IV-E revenues in the General Fund and deposited a total of two million eight hundred thousand dollars in said Title IV-E revenues in item 4800-1111 of section two of this act; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported on the Massachusetts management accounting and reporting system, so-called........................................ 3,800,000 4800-0015 For the central and regional administration of the department; provided, that unless otherwise authorized to be expended, all funds including any federal reimbursements received by the department shall be credited to the General Fund; provided further, that the department shall develop an AIDS education plan for clients served by the department; and provided further, that expenditures made from the AA subsidiary, so-called, of this item and item 4800-0000 for the personnel costs associated with the purposes of the programs funded herein shall not exceed fourteen million one hundred seventeen thousand three hundred fifty-one dollars, including not more than three hundred seventy-two positions.......... 15,986,156 4800-0016 For the family stabilization program for non-placement families experiencing instability including, not less than two million six hundred thirteen thousand six hundred fifty-four dollars for school and community-based young parent programs, parent and home health aides, education and counseling services; provided, that the department shall expend a sum not less than thirty thousand dollars in region I for a community-based family unification counseling program that Chap. 110 will prevent juvenile delinquency; provided further, that the department shall pursue the establishment of public/private partnership agreements established for family stabilization services funded from sources other than the commonwealth; provided further, that the department shall work in conjunction with the department of public welfare to obtain federal reimbursement pursuant to Title IV-A of the Social Security Act for all young parent program participants that are eligible; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed twelve million eight hundred seventy-six thousand eight hundred ninety-dollars; and provided further, that no funds from this item shall be expended for the cost of the revenue maximization contract, so-called.................................. 12,876,890 4800-0017 For the family unification and reunification program for non-placement families whose children are expected to return home following placement including, but not limited to, shelter services, substance abuse treatment, respite care and family reunification networks; provided, that the department shall pursue the establishment of public/private partnership agreements established for family unification and reunification services funded from sources other than the commonwealth; provided further, that not less than one hundred fifty thousand dollars shall be expended for a contract for an integrated family services team in region six; provided further, that not less than one hundred twenty thousand dollars shall be expended for family support, programming, counseling, education, job skills preparation, and integrated child care for participants in region six; provided further, that Chap. 110 not less than two hundred ninety-eight thousand dollars shall be expended for alternative schools for students aged fourteen to sixteen who are placed before the court on children in need of services petitions (CHINS) in region six; provided further, that the department shall expend a sum of not less than thirty thousand dollars in region one for a community-based family unification counseling program that will prevent juvenile delinquency; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed twenty-six million two hundred seventy-four thousand seven hundred fifty-two dollars; and provided further, that no funds from this item shall be expended for the cost of the revenue maximization contract, so-called..................... 26,274,752 4800-0020 For the delivery of permanency services to children in the care of the department, including the provision of adoption and guardianship subsidies; provided, that the department shall make assessment of all the children in its care for longer than twelve months for the appropriateness of adoption; provided further, that the department shall maintain a central registry and tracking system to monitor the progress of such children in the adoption process; provided further, that the department through said program may contract with community based agencies for the purpose of providing adoption and special needs adoption services; provided further, that the department may expend not less than two million two hundred thousand dollars for the purchase of special needs adoption contracts located at community-based agencies; provided further, that no funds shall be expended to provide subsidies to adoptive parents for children no longer in their care; provided further, Chap. 110 that the daily rate paid for subsidies in fiscal year nineteen hundred and ninety-four shall be equal to the daily rate paid in fiscal year nineteen hundred and ninety-three; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed thirty-seven million two hundred seventy-nine thousand eight hundred seven dollars; and provided further, that no funds from this item shall be expended for the cost of the revenue maximization contract, so-called ......................................... 37,279,807 4800-0025 For the foster care review program; provided, that no funds from this item shall be expended for the cost of the revenue maximization contract, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million eight hundred eighty thousand eight hundred sixteen dollars, including not more than forty-seven positions ............. 1,902,922 4800-0030 For the foster care program, including foster care subsidies, services to foster families and reimbursements to foster parents for extraordinary expenses incurred; provided, that the department shall establish a schedule for fees for services which may vary with the ability of the recipient of such service to pay therefor which shall be imposed regardless of whether the placement is voluntary or is a result of an order of a court of competent jurisdiction; provided further, that the foster care daily rate paid for subsidies in fiscal year nineteen hundred and ninety-four shall be equal to the daily rate paid in fiscal year nineteen hundred and ninety-three; provided further, that notwithstanding the provisions of any general or special law Chap. 110 to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed fifty-eight million two hundred thirty-seven thousand eight hundred twenty-three dollars; and provided further, that no funds from this item shall be expended for the cost of the revenue maximization contract, so-called .............. 58,237,823 4800-0041 For the group care program; provided, that the department shall establish a schedule for fees for services which may vary with the ability of the recipient of such service to pay therefor which shall be imposed regardless of whether the placement is voluntary or is a result of an order of a court of competent jurisdiction; provided further, that the department shall collect revenues in an amount not less than nine hundred thousand dollars, in the aggregate, from a sliding fee scale for service, to be deposited in the General Fund; provided further, that unless otherwise authorized to be expended any federal reimbursements received for this purpose shall be credited to the General Fund; provided further, that the group care daily rate paid for subsidies in fiscal year nineteen hundred ninety-four shall be equal to the daily rate paid in fiscal year nineteen hundred ninety-three; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, Chap. 110 that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed eighty-five million four hundred forty-eight thousand five hundred sixty-two; and provided further, that no funds from this item shall be expended for the cost of the revenue maximization contract, so-called..................... 85,448,562 4800-0050 For the expenses and operations of the New Chardon Street Home for Women located in the city of Boston; provided, that no funds from this item shall be expended for the cost of the revenue maximization contract, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred eighty-two thousand eight hundred thirty-six dollars, including not more than sixteen positions ................511,733 4800-0150 For the administration of the department's area offices; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed nine million four hundred sixty-seven thousand one hundred dollars, including not more than two hundred eighty-four positions...................... 15,843,428 4800-0151 For a program to provide alternative overnight nonsecure placements for status offenders and nonviolent delinquent youth up to the age of seventeen in order to prevent the inappropriate use of juvenile cells in police stations for such offenders, in compliance with the Federal Juvenile Justice and Delinquency Prevention Act of nineteen hundred and seventy-four, as amended in nineteen hundred and eighty-eight; and provided further, that no funds from this item shall be expended for the cost of the revenue maximization con- Chap. 110 tract, so-called .................................... 750,000 4800-1100 For social workers and their expenses; provided that no funds from this item shall be expended for the cost of the revenue maximization contract, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed sixty-seven million three hundred forty thousand one hundred twenty-seven dollars, including not more than one thousand nine hundred ninety-six positions............................... 69,032,007 4800-1111 The department of social services, for the purposes of the foster care program and subject to the provisions of item 4800-0030 of section two of this act may expend an amount not to exceed twenty-two million, two hundred thousand dollars from federal revenues collected pursuant to the provisions of Title IV-A and Title XIX of the Social Security Act; provided, that the department may also expend for said foster care program an amount not to exceed two million eight hundred thousand dollars in federal revenues collected pursuant to Title IV-E of the Social Security Act; provided further, that no Title IV-E revenues shall be credited to this item until the department has first deposited a total of fifty-eight million, three hundred thousand dollars in said Title IV-E revenues in the General Fund; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported on the Massachusetts management accounting and reporting system, so-called; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed twenty-five million dollars; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred and ninety-four which will have an annualized cost exceeding the amounts made available herein Chap. 110 until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that the costs of revenue maximization contracts, so-called, shall not be paid from this item................................... 25,000,000 4800-1200 For partnership agencies, so-called, for the provision of protective services; provided, that the funds herein shall be expended on contracts serving minority and mentally retarded or handicapped clients; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed three million, two hundred twenty-eight thousand one hundred and seventy-seven dollars; and provided further, that no funds from this item shall be expended for the cost of the revenue maximization contract, so-called ............... 3,228,177 4800-1400 For contracts for women-at-risk shelters and services; provided, that the department shall pursue the establishment of public/private partnership agreements established for family stabilization services funded from sources other than the commonwealth; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item Chap. 110 for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed seven million ninety-nine thousand eighty dollars; and provided further, that no funds from this item shall be expended for the cost of the revenue maximization contract, so-called . 7,099,080 4800-1450 For women-at-risk shelters; provided, that said shelters be funded through assessments on batterers entering treatment programs; provided further, that said assessments shall be credited to the General Fund; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed one million dollars; and provided further, that no funds from this item shall be expended for the cost of the revenue maximization contract, so-called ........................... 1,000,000 Federal Appropriations 4800-0005 For the purposes of a federally funded grant entitled, Children's Justice Act.........................................250,000 4800-0007 For the purposes ofa federally funded grant entitled, Family Violence Prevention and Support Services ............... 330,000 4800-0009 For the purposes ofa federally funded grant entitled, Title IV-E Independent Living Program...........................660,000 4800-0011 For the purposes ofa federally funded grant entitled, Project SAFE ...........................................399,939 4800-0012 For the purposes ofa federally funded grant entitled, Parenting Partner Program for HIV Involved Families.............. 183,165 4899-0001 For the purposes ofa federally funded grant entitled, Title IV-B Child Welfare Services............................. 4,612,456 4899-0022 For the purposes of a federally funded grant entitled, Child Abuse and Neglect Prevention and Treatment - Basic Grant .. 368,601 4899-0024 For the purposes of a federally funded grant entitled, Child Abuse and Neglect Prevention and Treatment- Medical Grant.. 60,872 DEPARTMENT OF MENTAL HEALTH AGENCY MISSION To provide mental health services to individuals with serious or long-term mental illness and to children and adolescents with serious emotional disturbance and to provide clinical and forensic evaluations for the Commonwealth's legal system. Chap. 110 STATUTORY REFERENCES Enabling Statute M.G.L. c.19 Community Mental Health Centers M.G.L. c.6A 16 Psychiatric Inpatient Services M.G.L. c.123 Bridgewater Treatment Center M.G.L. c.123 A COMPONENT PROGRAMS 1. Administration 2. Child and Adolescent Services 3. Adult Support Services 4. Forensic Services 5. Adult In-Patient and Facility Services PROGRAM 1: Administration PROGRAM MISSION To provide policy and program support for the agency and to monitor the quality of services. Program Objectives 1. Develop and coordinate a process for monitoring and improving program performance. Performance Measures 1. Program improvements and enhancements produced by the performance review process. Expected Outputs 1. TBR 2. Develop and maintain a Comprehensive Com-mununity support System (CCSS) to implement the principles of managed care and local partnerships Status of managed care provider system. 2. TBR Manage the transfer of of clients from institutions to community-based settings 3 a. Patients transferred. 3b. Complaints associated with transfers to community settings. 3c. Dollars transferred between accounts. 3a TBR 3b. TBR 3c. TBR Maintain a 90 day tracking system for discharged patients. 4a. Patients tracked after discharge. 4a. TBR 4b. Patients readmitted to in-patient facilities after 90 days. 4b. TBR Chap. 110 5. Ensure the quality of serv- 5a. Licensing reviews that resulted 5a 25 ices, including quality as- in renewal for private hospitals surance, licensing and and psychiatric units. training. 5b. Abuse complaints filed in- 5b. 545 volving mental health clients. 5 c. Complaints referred back to the 5 c. TBR department of mental health. 5d. In-patient beds that are HCFA 5d. 612 certified. 6. Provide cost effective 6. Cost per resident, by facility 6. TBR mental health services. or center. State Appropriations 5011-0100 For the administration program, pursuant to the provisions of chapter nineteen of the General Laws; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven million nine hundred fifty-one thousand two hundred and ten dollars, including not more than three hundred and ninety-nine positions............................... 9,649,272 5011-0200 For the reserve component of the administration program; provided, that funds appropriated herein shall only be expended pursuant to the provisions of section thirty-seven of this act; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hun- Chap. 110 dred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven million nine hundred fifty-one thousand two hundred and nine dollars................. 9,649,271 5011-0500 For consolidated laundry services....... ...... ........ 2,597,494 Federal Appropriations 5012-9117 For the purposes of a federally funded grant entitled, Investigating Two Vocational Rehabilitation Models .............. 429,601 5012-9111 For the purposes of a federally funded grant entitled, Public Managed Health Care Paper............................24,975 5012-9115 For the purposes of a federally funded grant entitled, Data Collection .............................................1,000 PROGRAM 2: Child and Adolescent Services PROGRAM MISSION To serve children and adolescents at risk of or suffering from serious mental illness or emotional disturbance and to provide support services for their families. Program Objectives Performance Measures Expected Outputs 1. Provide inpatient care, la. Average inpatient census. la TBR residential and day treatment, outpatient services, and intensive home-based services. lb. Total contracted inpatient beds. lb. 67 lc. Average length of inpatient stay. lc. 90 days Id. Patients readmitted within 30 days of discharge. Id. TBR le. Clients in residential programs. le. 260 If. Clients awaiting residential services. If. 30 lg Clients in day treatment programs. lg. TBR lh. Average length of time spent in day program. lh. TBR Chap. 110 li. Clients who receive case li. 750 management. State Appropriations 5042-5000 For the child and adolescent services program; provided, that of the sum appropriated herein, not less than sixty-nine thousand four hundred and eight dollars be extended to the Franklin Community Action Corp. in Greenfield for its Youth Adolescent Services Program; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million two hundred thirty-three thousand and forty-two dollars, including not more than sixty-five positions ...... 54,160,630 Federal Appropriations 5021-9104 For the purposes of a federally funded grant entitled, Consumer Support and Minority Family Outreach...................195,108 5047-9102 For the purposes of a federally funded grant entitled, Child and Adolescent Service System............................ 14,200 PROGRAM 3: Adult Support Services PROGRAM MISSION To provide adult mental health support, rehabilitative care, day treatment, residential, and case management services to clients in institutional and community settings. Program Objectives Performance Measures Expected Outputs 1. Locate supported employ- la. Opportunities located. la. TBR ment opportunities. lb. Client participation. lb. 800 Chap. 110 Ic. Clients awaiting supported employment opportunities. lc. TBR Id. Average length of wait for supported employment opportunities. Id. TBR Provide case management 2a. Case managers. 2a 461 to adult mental health clients. 2b. Clients receiving case management. 2b. 8,000 Provide emergency client 3a. Clients requiring emergency 3a TBR services. services. 3b. Clients requiring additional emergency services within six months. 3b. TBR Provide day treatment and 4a Clients in day treatment 4a TBR recreational services. programs. 4b. Average length of involvement in a day program. 4b. TBR 4c. Clubhouses operating. 4c. TBR 4d. Clients utilizing clubhouse services. 4d. TBR Provide Community Ment- 5a CMHCs operating. 5a 9 al Health Center (CMHC) services. 5b. Average CMHC census by facility. 5b. TBR Identify and provide serv- 6a Homeless mentally 6a TBR ices to the homeless men- ill identified. tally ill. 6b. New services provided. 6b. TBR Manage a residential 7a Residential beds available. 7a 3,800 service system. 7b. Residential beds occupied. 7b. 3,800 7c. Average length of stay in a residential setting. 7c. TBR 7d. Clients awaiting residential placement. 7d. 271 7e. Average wait for residential 7e. TBR placement services. Chap. 110 8a. Total cost by program. 8a TBR 8b. New programs established, 8b. TBR by region. State Appropriations 5046-0000 For the adult support services program; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eighteen million eight hundred sixty-four thousand one hundred and nine dollars, including not more than five hundred and fifty positions.................224,986,663 5046-1000 For the rental subsidies component of the adult support services program; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called..........2,607,550 5046-3000 For the homelessness prevention component of the adult support services program; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract, amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the 8. Identify and report on the ststus of all community based programs. Chap. 110 Massachusetts management accounting and reporting system, so-called ............................................4,095,000 5051-0100 For the community mental health centers component of the adult support services program; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed fifty million one hundred eighty-four thousand six hundred and eleven dollars, including not more than one thousand four hundred and twenty positions....................76,066,089 Federal Appropriation 5012-9121 For the purposes of a federally funded grant entitled, Project for Assistance in Transition from Homelessness ............... 1,017,145 PROGRAM 4: Forensic Services PROGRAM MISSION To deliver clinical and forensic evaluations and mental health services to courts and county correction facilities. Program Objectives 1. Evaluate clients who are before the Court to determine competency and crim inal responsibility and to perform other statutorily defined evaluations Per formance Measures Expected Outputs la Court ordered evaluations performed. la 573 lb. Requests for evaluations by type of court. lb. TBR lc. Evaluations appealed. lc. TBR Id. Evaluations overturned on appeal. Id. TBR Chap. 110 State Appropriation 5055-0000 For the forensic services program; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three million nineteen thousand and sixty-two dollars, including not more than seventy-eight positions ......................... 7,421,548 PROGRAM 5: Adult In-Patient and Facility Services PROGRAM MISSION To provide inpatient mental health treatment and services. Program Objectives Performance Measures 1. Manage an adult inpa- la Inpatient beds available, tient mentalhealth treat- by facility, ment and service system. lb. Average occupancy, by facility lc. Average length of stay. Id. Patients receiving follow up treatment within 90 days of discharge. State Appropriation 5095-0000 For the adult inpatient and facilities services program, including the operation of the Bridgewater Treatment Center; provided, that five hundred and thirty thousand dollars be allocated for the operation of Northampton State Hospital for a period of two months, as needed; provided further, that the department is hereby authorized to allocate funds from this item, an amount not to exceed three million dollars, to item 5046-0000 of section two of this act, as necessary, pursuant Expected Outputs la. 1520 lb. TBR lc. TBR Id. 73% Chap. 110 to allocation plans submitted to the house and senate committees on ways and means thirty days prior to any such transfer, for residential and day services for clients formerly receiving care at department facilities; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eighty-three million three hundred eight-three thousand eight hundred and ninety-eight dollars, including not more than two thousand eight hundred positions ................... 112,057,672 DEPARTMENT OF MENTAL RETARDATION Notwithstanding any general or special law to the contrary, the department of mental retardation shall report quarterly to the house and senate committees on ways and means the status of all existing community-based programs, including the total cost of each program, its client capacity, and the number of clients actually being served The department of mental retardation shall report quarterly to the house and senate committees on ways and means expenditures made, by region, for the establishment of new community-based programs, the status of community-based programs including starting dates, number of clients served per program, the cost for the start-up month and the costs for the full fiscal year. Notwithstanding any general or special law to the contrary, the department of mental retardation shall submit quarterly to the house and senate committees on ways and means a status report on community placements, by region, including the identification of clients to be moved into the community as well as the program in which they will be placed and the dates on which they are to be deinstitutionalized Notwithstanding any general or special law to the contrary, the department of mental retardation shall submit quarterly to the house and senate committees on ways and means a status report on all state schools including total cost of the operations of each institution, its client capacity, the number of clients being served and the use of such facilities by other agencies. Chap. 110 AGENCY MISSION To provide services to people with mental retardation and create opportunities for such people to become integrated into the community. STATUTORY REFERENCES COMPONENT PROGRAMS Enabling Statute 1. Administration M.G.L. C.19B 2. Adult Services Cooperation with Rehabilitation Commission 3. Child and Adolescent Services M.G.L. c.6 81 4. Facility Operations Special Education M.G.L. c.71 § 13,9,10 PROGRAM 1. Administration PROGRAM MISSION To provide policy and program support for the agency and to monitor the quality of services. Program Objectives 1. Develop and coordinate a process for monitoring and improving program performance. Performance Measures 1. Program improvements and enhancements produced by the performance review process. Expected Outputs 1. TBR Manage the transfer of clients from institutions to community-based settings. 2a. Patients transferred. 2a 200 2b. Complaints associated with 2b. TBR transfers to community settings. 2c. Dollars transferred between accounts. 2c. TBR 3. Monitor department after disengagement from consent decrees. Report on compliance with final consent decree order. 3. 4 4. Ensure the quality of client services, including quality assurance, licensing, and. training 4a Abuse complaints filed 4a TBR involving mental retardation clients. 4b. Complaints referred back to the 4b. TBR department of mental retardation. Chap. 110 5. Enhance reimbursements 5. Total clients receiving reimburs- 5. TBR for departmental services. able services under departmental community waiver. State Appropriation 5911-1000 For the administration program pursuant to the provisions of' chapter nineteen B of the General Laws; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred and ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts manage-ment accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed twenty-two thousand nine hundred and seven dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six million two hundred one thousand thirteen dollars, including not more than one hundred and forty-five positions .................................... 7,258,296 PROGRAM 2: Adult Services PROGRAM MISSION To create opportunities for adults with mental retardation to become integrated participants in the community and to provide appropriate residential, day, respite, and other support services. Program Objectives Performance Measures Expected Outputs 1. Provide day and support la Clients who receive day la. 5,100 services to qualified adult services. clients. lb. Clients awaiting day services. lb. 153 lc. Clients who receive support lc. 7,600 services. Chap. 110 Id. Clients awaiting support services. 2. Provide residential services 2a. Clients in residential services, in community settings to adult population. 2b. Clients awaiting residential services. 2c. Average cost per client for residential services. 3. Provide respite services to 3a Clients receiving respite eligible adult individuals. services. 3b. Clients eligible and awaiting respite services. 3 c. Average cost per client receiving respite services. 3d. Average length of time receiving respite services. 4. Provide supported employment opportunities. 4a. Clients in supported employment. 4b. Clients waiting for supported employment opportunities. 4c. Clients competitively employed. Id. TBR 2a. 6,500 2b. TBR 2c. $39,502 3a. 4,406 3b. TBR 3c. TBR 3d. TBR 4a. 1,506 4b. 149 4c. 640 Develop individual transition plans to document service needs for eligible individuals who turn 22 years of age. Eligible individuals receiving individual transition plans. 5. 150 6. Provide residential services 6. to eligible individuals who turn 22 years of age. Individuals placed in community residential settings. 6. TBR 7. Provide day and support services to qualified individuals who turn 22 years of age. Individuals who receive day and support services. 7. TBR Chap. 110 8. Identify and report on the 8a. Total cost by program. 8a. TBR status of all community based programs. 8b. New programs established 8b. TBR by region. State Appropriations 5911-2000 For the transportation component of the adult services program; rovided, that the department provide such services on the basis of priority of needs as determined by the department; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed twenty-four million four hundred sixty-seven thousand five hundred twenty-one dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred eighty-two thousand five hundred forty-four dollars, including not more than five positions .......................................... 24,667,150 5920-1000 For the administration and program support component of the adult services program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five million six hundred twenty-seven thousand one hundred sixty-one dollars, including not more than one hundred and fifty-nine positions ............... 8,044,417 5920-2000 For the residential and day component of the adult services program; provided, that a maintenance of effort be made to continue services to retarded persons in the community who Chap. 110 are not eligible for services through chapter seventy-one B of the General Laws, including not more than eight million and five hundred thousand dollars in annualized funding for fiscal year nineteen hundred and ninety-three priority one turning twenty-two clients; provided further, that not more than ninety-four thousand dollars shall be expended for an existing parent-owned group home located in the town of Easton; provided further, that not more than one hundred and fifty thousand dollars shall be obligated for new community day and residential services for the retarded citizens in the greater Lowell area; provided further, that the department is hereby authorized to allocate funds from this item an amount not to exceed six million dollars, to item 5930-1000 of section two of this act as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means thirty days prior to any such transfer, for clients receiving care at department facilities; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed two hundred fifty-five million thirty-four thousand three hundred ninety-six dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed sixty-four million five hundred nineteen thousand one hundred twenty-one dollars, including not more than two thousand two hundred and eighty-four positions ................. ...................... 326,753,494 5920-3000 For the respite services component of the adult services program; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsid- .110 iary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed seventeen million six hundred fifty-three thousand seventy-seven dollars .... 17,653,077 5920-5000 For the turning twenty-two component of the adult services program; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed three million dollars ... 3,000,000 5920-6000 For the older unserved services component of the adult services program; provided, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts Management Accounting and Reporting System, so-called; provided further that not less than one million and five hundred thousand dollars be expended for the purpose of providing services to clients who remain at home; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed three million dollars; and provided further, that nothing stated herein shall be construed as giving rise to enforceable legal Chap. 110 rights in any party or an enforceable entitlement to the services funded herein................................ 3,000,000 PROGRAM 3: Child and Adolescent Services PROGRAM MISSION To provide residential and community services, day programs, family support, and appropriate inpatient care to mentally retarded children and adolescents. Program Objectives 1. Provide day and support services. Performance Measures la Clients who receive day and support services. 1 b. Clients awaiting day and support services. Expected Outputs la TBR lb. TBR 2. Provide residential services 2a Clients in residential services, in community settings. 2b. Clients awaiting residential services. 2c. Average cost per client in residential service. 3. Provide respite services. 3a 2a TBR 2b. TBR 2c. TBR 3a TBR 3b. TBR 3c. TBR 3d. TBR Families receiving respite services. 3b. Families awaiting respite services. 3 c. Average cost per client receiving respite services. 3d. Average length of time client receives respite services. State Appropriation 5920-8000 For the child and adolescent services program; provided, that not less than four hundred thirty-seven thousand dollars shall be expended for support services for families of children with autism; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized Chap. 110 cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed three million five hundred thirty-six thousand seventy-seven dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million eighty-nine thousand dollars, including not more than thirty-three positions ............. 4,625,077 PROGRAM 4: Facility Operations PROGRAM MISSION To provide, in accordance with Title XIX, appropriate institutionalized care i adults with mental retardation. Program Objectives 1. Operate state schools for the mentally retarded. 2. Complete the closure of the J.T. Hogan-Berry Campus. 3. Continue the consolidation of departmental facility services. 4. Operate Intermediate Care Facilities for the Mentally Performance Measures la. Monthly census by facility. Expected Outputs la TBR lb. Residential capacity filled lb. TBR by facility, lc. Savings derived from facility lc. TBR closing and phasedowns. Id. Average monthly cost per Id. TBR client by facility. 2a Residents transferred to 2a TBR appropriate community settings. 2b. Status on the timetable for 2b. TBR closure of the facility. 3a Residents transferred to 3a TBR appropriate community settings. 3b. Status on the timetable for 3b. TBR closure of appropriate facilities. 4a ICFMR census. 4a TBR lb. Residential capacity filled lb. TBR by facility, lc. Savings derived from facility lc. TBR closing and phasedowns. Id. Average monthly cost per Id. TBR client by facility. 2a Residents transferred to 2a TBR appropriate community settings. 2b. Status on the timetable for 2b. TBR closure of the facility. 3a Residents transferred to 3a TBR appropriate community settings. 3b. Status on the timetable for 3b. TBR closure of appropriate facilities. 4a ICFMR census. 4a TBR lb. Residential capacity filled lb. TBR by facility, lc. Savings derived from facility lc. TBR closing and phasedowns. Id. Average monthly cost per Id. TBR client by facility. 2a Residents transferred to 2a TBR appropriate community settings. 2b. Status on the timetable for 2b. TBR closure of the facility. 3a Residents transferred to 3a TBR appropriate community settings. 3b. Status on the timetable for 3b. TBR closure of appropriate facilities. 4a ICFMR census. 4a TBR Chap. 110 Retarded (ICFMRs). 4b. Average monthly cost per 4b. TBR client 4c. Average cost per client 4c. $89,560 compared to the average cost per client in state schools. State Appropriation 5930-1000 For the facility operations program for the mentally retarded; provided, that the department may transfer to item 5920-2000 of section two of this act, funds up to one million dollars, as necessary, pursuant to allocation plans submitted with the house and senate committees on ways and means thirty days prior to any such transfer; provided further, that the department may expend funds as needed, pursuant to plans filed with the secretary of administration and finance and the house and senate committees on ways and means, for a facility maintenance crew to provide minimum maintenance to buildings at Belchertown state school; provided further, that notwithstanding the provisions of any general or special law to the contrary, the division of capital planning and operations shall continue to provide uninterrupted sewerage service to residents of the town of Belchertown who are currently attached to the sewerage system of Belchertown state school; provided further, that said division shall not increase the town's current financial obligation to the operation of the sewerage treatment plant before June thirtieth, nineteen hundred ninety-four; provided further, that expenses associated with the Belchertown state school shall be paid from this item; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes Chap. 110 of the programs funded herein shall not exceed forty-one million ninety-three thousand five hundred ninety-four dollars; provided further, that no funds shall be expended from the MM subsidiary, so-called, of this item for services which were not provided either by state employees or contracted ser-vice providers in fiscal year nineteen hundred and ninety-three without corresponding decreases in other items of budgetary appropriation under the jurisdiction of the commissioner of mental retardation; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred ninety-five million three hundred seventy-seven thousand three hundred seventeen dollars, including not more than seven thousand three hundred and fifty positions................ 269,720,395 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION 6000-0100 For the office of the secretary of transportation and construe tion; provided, that the office shall submit quarterly expenditure reports on all employees or contract personnel funded through capital outlay monies and authority funds; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred twenty-one thousand two hundred fifty-eight dollars, including not more than six positions....... Highway Fund ..................... 100.0% 6000-0110 The executive office of transportation and construction may expend, for the purpose of property management and maintenance of railroad properties owned by said executive office on behalf of the commonwealth, including the cost of personnel, an amount not to exceed twenty-eight thousand three hundred forty-nine dollars from the rents and fees received pursuant to section four of chapter one hundred sixty-one C of the General Laws.............................. 6005-0011 For additional assistance to the Massachusetts bay transportation authority in accordance with the provisions of sections six and nine of chapter eight hundred twenty-five of the acts of nineteen hundred seventy-four, as amended by section four of chapter two hundred ninety-one of the acts of nineteen hundred seventy-five; provided, that operating expenditures 345,423 . 28,349 Chap. 110 of the Massachusetts bay transportation authority for its fiscal year ending June thirtieth, nineteen hundred ninety-four shall not exceed one hundred three percent of its operating expenditures for its fiscal year ending June thirtieth, nineteen hundred ninety-three; and provided further, that the Massachusetts Bay Transportation Authority is prohibited from accepting any funding from the Health Protection Fund, if they accept advertising for any tobacco products........... 301,929,528 General Fund ....................... 80.0% Highway Fund ...................... 20.0% 6005-0012 For certain debt service contract assistance to the Massachusetts bay transportation authority in accordance with the provisions of section twenty-eight of chapter one hundred sixty-one A of the General Laws ....................... 179,054,200 General Fund.......................80.0% Highway Fund ......................20.0% 6005-0015 For certain assistance to regional transit authorities, including operating grants and reimbursements, to increase the accessibility of transit provided to the elderly and disabled under the mobility assistance program, the regional transit authority program, and the intercity bus capital assistance program; provided, that the commonwealth, acting by and through the executive office for administration and finance, for the period beginning July first, nineteen hundred ninety-three and ending June thirtieth, nineteen hundred ninety-four, may enter into contracts with the authorities; provided further, that notwithstanding the provisions of section one hundred fifty-two A of chapter one hundred sixty-one, and of section twenty-three of chapter one hundred sixty-one B of the General Laws, at least fifty percent and up to seventy-five percent of the net cost of service of each authority incurred in fiscal year nineteen hundred ninety-three shall be paid by the commonwealth, and shall not be assessed upon the cities and towns constituting the authorities; provided further, that operating expenditures of each of the regional transit authorities for the fiscal year ending June thirtieth, nineteen hundred ninety-four shall not exceed one hundred three percent of its operating expenditures for the fiscal year ending June thirtieth, nineteen hundred ninety-three; provided further, that the Franklin county regional transit authority may exceed by the sum of twenty-four thousand dollars the one hundred and three percent cap in annual growth for fiscal year nineteen hundred Chap. 110 and ninety-four in order that a state match may be secured for service to the town of Athol in the amount up to the aforementioned twenty-four thousand dollars; and provided further, that said cap shall not apply to the pioneer valley regional transit authority's provision of an express bus route from the city of Springfield to the Hampden county house of corrections..................................... 33,524,090 General Fund .......................80.0% Highway Fund ......................20.0% 6005-0017 For certain payments to cities and towns as authorized by clause (c) of section thirteen of chapter sixty-four A, clause (b) of section thirteen of chapter sixty-four E and clause (b) of section fourteen of chapter sixty-four F of the General Laws; provided, that the amounts herein appropriated are in full satisfaction of the amounts payable pursuant to said clauses for fiscal year nineteen hundred ninety-four; provided further, that funds herein may be used for the lease, purchase and maintenance of vehicles for use in road maintenance, and for costs incurred for the removal of snow and ice.......... 43,472,110 Highway Fund .................... 100.0% 6005-0018 For additional contract assistance to be allocated by the Massachusetts bay transportation authority for the net additional expense of commuter rail service provided to and on behalf of the regional transit authorities and cities and towns outside the Massachusetts bay transportation authority district for fiscal year nineteen hundred ninety-three, including funds for the net additional expense of bus service provided to and on behalf of the regional transit authorities and cities and towns outside the Massachusetts bay transportation authority district for fiscal year nineteen hundred ninety-four, in the amounts determined to be appropriate by the executive office for administration and finance, acting on behalf of the commonwealth, on the recommendation of the secretary of the executive office of transportation and construction; provided, that said additional expense of bus service shall be two million dollars, in accordance with the provisions of section twenty-eight A of chapter one hundred sixty-one A of the General Laws as amended in section forty-five of chapter eight hundred eleven of the acts of nineteen hundred eighty-five; and provided further, that no less than seventeen thousand five hundred dollars be made available for a commuter boat service between Hull and Boston ....................15,267,500 Chap. 110 General Fund ....................... 80.0% Highway Fund ...................... 20.0% Federal Appropriations 6000-0018 For the purposes of a federally funded grant entitled, Statewide Assistance Rural Public Transportation................. 1,565,383 6000-0023 For the purposes of a federally funded grant entitled, UMTA Technical Studies................................. 1,627,682 6000-0049 For the purposes of a federally funded grant entitled, Elderly and Handicapped Transportation..................... 1,370,817 6000-0054 For the purposes of a federally funded grant entitled, Local Rail Service Assistance -Planning........................36,000 6000-0180 For the purposes of a federally funded grant entitled, Statewide Assistance to Rural Public Transportation......... .......500,000 Massachusetts Aeronautics Commission 6006-0003 For the administration of the commission, including the expenses of the commissioners; provided, that not less than four hundred thousand dollars shall be expended on the expenses of airport development projects as authorized by section thirteen of chapter sixty-four A of the General Laws, as amended by section forty of chapter one hundred and twenty-one of the acts of nineteen hundred and ninety; provided further, that, notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred eighty-one thousand seven hundred sixteen dollars, including not more than seven positions . . 654,357 Chap. 110 Federal Appropriations 6006-0042 For the purposes of a federally funded grant entitled, Airport System Planning....................................722,181 Department of Highways 6010-0001 For personnel services of the department; for certain administrative and engineering expenses and equipment of the commission, the office of the highways commissioner and the division of administrative services, highway engineering, highway maintenance, highway construction and the district and other highway activity offices, and for materials, supplies, fleet maintenance and equipment, and for maintenance and operation of state highways and bridges; provided, that notwithstanding the provisions of any administrative bulletin, general or special law to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the department of procurement and general services; provided further, that the department shall not be subject to the provisions of section thirty-six A of chapter thirty of the General Laws and section twenty-two of chapter seven of the General Laws, but shall submit requests to repair vehicles costing in excess of the limit pursuant to said section twenty-two of said chapter seven to the secretary of transportation and construction for approval; provided further, that the department shall provide the house and senate committees on ways and means a quarterly report of repairs requiring said secretary's approval; provided further, that the department shall use only funds appropriated herein for maintenance costs, not including Essex county; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed fifty-nine million five hundred nineteen thousand five hundred twenty-four dollars, including not more than one thousand seven hundred and twenty-seven positions......................... 74,122,524 Highway Fund ..................... 100.0% 6010-1022 For the maintenance costs associated with Essex county; provided, that the department shall submit to the house and senate committees on ways and means by December second, nineteen hundred ninety-three a cost-benefit analysis of the privatization program for the previous year; and provided fur- Chap. 110 ther, that the department shall use only funds appropriated herein for the maintenance costs in Essex county......... 4,000,000 Highway Fund ..................... 100.0% 6020-2505 For the administration of the outdoor advertising board; provided, that expenditures made from the AA sub-sidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred and four thousand six hundred twenty-six dollars, including not more than three positions................... 112,926 Highway Fund .......................100% 6030-7201 For the expenses of snow and ice control on state highways, including the cost of sand, salt, and other control chemicals; provided, that any surplus after April fifteenth, nineteen hundred and ninety-four may be expended for bridge washing, catch basin cleaning, and highway sweeping............ 16,167,000 Highway Fund .....................100.0% BOARD OF LIBRARY COMMISSIONERS 7000-9101 For the administration and expenses of the board of library commissioners; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred twenty-one thousand one hundred thirty-seven dollars, including not more than fourteen positions......................................700,845 Local Aid Fund..................... 100.0% 7000-9401 For state aid to regional public libraries; provided, that the board of library commissioners may provide quarterly advances of funds for purposes authorized by section nineteen C (1) and (2) of chapter seventy-eight of the General Laws, as it deems proper, to the regional public library systems throughout each fiscal year, in compliance with the office of the comptroller's regulations on state grants, 815 CMR 2.00; provided further, that notwithstanding the provisions of section nineteen C of chapter seventy-eight of the General Laws or any other general or special law to the contrary, the Boston public library shall, as the library of last recourse for reference and research services for the commonwealth, be paid from this item an amount equal to eighty-eight and seven-hundredths cents per resident in the commonwealth; provided further, that notwithstanding the provision of any Chap. 110 general or special law to the contrary, no regional public library shall receive any money under this item in any year when the appropriation of the city or town where such regional public library is located is below an amount equal to the average of the appropriations for free public library service for the three years immediately preceding; and provided further, that notwithstanding the provisions of this section, the board of library commissioners may grant waivers, in a number not to exceed one-tenth the number permitted pursuant to the sixth paragraph of section nineteen A of chapter seventy-eight of the Massachusetts General Laws as appearing in the nineteen hundred and ninety edition, to any library not receiving funds as a library of last recourse for a period of no more than one year ............................ 11,206,453 Local Aid Fund..................... 100.0% 7000-9402 For the purposes of a talking book library at Worcester.........136,852 Local Aid Fund......... ........... 100.0% 7000-9406 For the administration of a talking book program, including the administration and operation of the machine lending agency; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called ............................................901,274 Local Aid Fund..................... 100.0% 7000-9501 For state aid to public libraries; provided, that notwithstanding the provision of any general or special law to the contrary, no city or town shall receive any money under this item in any year when the appropriation of said city or town for free public library services is below an amount equal the average of the appropriations for free public library service for the three years immediately preceding; provided further, that notwithstanding the provisions of this section, the board of library commissioners may grant fifty waivers in addition to the number permitted pursuant to the sixth paragraph of sec- Chap. 110 tion nineteen A of chapter seventy-eight of the Massachusetts General Laws as appearing in the nineteen hundred and ninety edition, to any library not receiving funds as a library of last recourse for a period of no more than one year; and provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city or town and held as a separate account and shall be expended by the public library of such city or town without appropriation, notwithstanding the provisions of any general or special law to the contrary ................................... 5,660,779 Local Aid Fund..................... 100.0% 7000-9506 For telecommunication expenses of automated resource sharing networks and their member libraries..................... 108,022 Local Aid Fund..................... 100.0% Federal Appropriations 7000-9703 For the purposes of a federally funded grant entitled, Title HI LSCA Interlibrary Cooperation.........................532,846 7000-9705 For the purposes of a federally funded grant entitled, LSCA Program - Title I ................................. 2,500,000 7000-9707 For the purposes of a federally funded grant entitled, Emergency Federal Jobs Bill - LSCA Title H .....................500,000 EXECUTIVE OFFICE OF EDUCATIONAL AFFAIRS Office of the Secretary 7005-0001 For the office of the secretary of education; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred forty-eight thousand two hundred seventy-seven dollars; and provided further, that two hundred thousand nine hundred and thirty-seven dollars is hereby appropriated for extraordinary personnel costs, including not more than sixteen positions .. 1,071,096 7005-0003 For the school of excellence program at the Worcester polytechnic institute; provided, that every effort be made to recruit and serve equal numbers of male and female students........250,000 7005-0005 For the expenses of the New England board of higher education and for the expenses of the members of said board.......526,733 Chap. 110 DEPARTMENT OF EDUCATION Board of Education and Commissioner's Office 7010-0005 For the general administration of the department; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five million four hundred seventy-seven thousand three hundred seventy-nine dollars, including not more than one hundred forty-four positions................................ 8,031,642 Local Aid Fund..................... 100.0% 7010-0010 For the implementation of the education reform act of nineteen hundred ninety-three, chapter seventy-one of the acts of nineteen hundred ninety-three, including but not limited to the development of statewide educational goals, standards, and curriculum frameworks; provided, that of the amount appropriated herein, not less than one hundred thirty-nine thousand seven hundred thirty-eight dollars shall be expended for the purchase of equipment and services to automate the teacher certification system; provided further, that of the amount appropriated herein, not less than one million one hundred six thousand dollars shall be expended for the development, administration and scoring of a statewide assessment test; provided further, that of the amount appropriated herein, no more than one hundred eighty-four thousand nine hundred fifty dollars may be expended for the costs associated with the administration of said programs; and provided further, that the department of education shall file a spending plan for the amounts appropriated herein with the joint committee on education and the house and senate committees on ways and means by September first, nineteen hundred ninety-three............................... 2,875,838 Chap. 110 Local Aid Fund..................... 100.0% 7010-0012 For grants to cities, towns, or regional school districts for payments of certain costs incurred under the program for the elimination of racial imbalance; provided, that grants to a city, town, or regional school district shall be limited to actual and specifically documented incremental costs including those costs pursuant to chapter seventy-one B of the General Laws incurred as direct consequence of participation in the program whenever the reimbursements requested by such city, town, or regional school district exceed the level of reimbursement received in fiscal year nineteen hundred and seventy-seven; provided further, that the division of elementary, secondary, and occupational education shall contract with a qualified minority business enterprise experienced in the administration of public school transportation systems and programs to alleviate racial imbalance....... 12,031,328 Local Aid Fund................... 100.0% 7010-0042 For grants to cities, towns, or regional school districts for the cost of providing magnet educational programs in accordance with the provisions of section thirty-seven I and thirty-seven J of chapter seventy-one of the General Laws; provided, that any payment made under this appropriation shall be deposited with the treasurer of such city, town or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without appropriation, notwithstanding the provisions of any general or special law to the contrary; provided further, that any portion of this appropriation item may be expended by the state board of education to purchase magnet educational programs; and provided further, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount of this appropriation......................... 4,800,000 Local Aid Fund................... 100.0% 7010-0043 For grants for the equal education improvement fund for cities, towns, or regional school districts under the provisions of section one I of chapter fifteen of the General Laws; provided, that notwithstanding the provisions of said section one I or section thirty-seven D of chapter seventy-one of the General Laws, pupils qualifying for funding under the equal Chap. 110 education improvement fond shall also include those of his-panic and southeast asian origin; provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town or regional school district without appropriation, notwithstanding the provisions of any general or special laws to the contrary; and provided further, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount of this appropriation................8,448,000 Local AidFund.................... 100.0% 7027-0016 For matching grants for various school-to-work programs; provided, that the board of education shall establish guidelines for said programs in consultation with the secretary of economic affairs; provided further, that any funds that are distributed under this item to cities, towns, or regional school districts shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee without further appropriation; provided further, that each grant awarded herein shall be matched by the recipient from local, federal or private funds; provided further, that the board of education may determine the percentage match required on an individual grant basis; and provided further, that the department may reimburse grant recipients for prior year expenditures .........................................864,000 Local Aid Fund................... 100.0% 7027-1000 For the state matching requirements of the partnership for advancement in learning math and science and the community service project ................................... 2,100,000 Local Aid Fund.....................100.0% 7028-0031 For the expensesof school age children in institutional school departments as required under section twelve of chapter seventy-one B of the General Laws; provided, that the department is authorized to provide special education services to eligible inmates in county houses of correction; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said Chap. 110 purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million six hundred twenty-seven thousand two hundred forty dollars, including not more than sixty-four positions ............................... 8,274,566 Local Aid Fund.................... 100.0% 7028-0302 For the educational expenses of certain school age children with special needs attending schools under the provisions of section ten of chapter seventy-one B of the General Laws, for the educational expenses of school age children with special needs attending day or residential programs who have no father or mother or guardian living in the commonwealth, and for expenses relating to the provision of special education to certain children transferred from the department of public welfare to the department of education; provided, that said children transferred from the department of public welfare to the department of education were placed by the department of public welfare in a private special education program as of September first, nineteen hundred seventy-four, have continued to attend such program at the expense of the department of public welfare up to the date of said transfer, and continue to need such special education program; provided further, that notwithstanding the provisions of any general or special law to the contrary, all increases in the rate paid to an institution or school for services provided in prior fiscal years and prior fiscal years' tuition and transportation reimbursements may be funded with monies appropriated herein; provided further, that not less than twenty-one thousand two hundred and seventy-nine dollars be expended to reimburse the town of Hudson for monies due in previous fiscal years; provided further, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount of this appropriation; provided further, that notwithstanding the provisions of any general or special Chap. 110 law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and . provided further, that no contract or contract amendment shall be authorized in. fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called...........3,708,404 Local Aid Fund..................... 100.0% 7030-1000 For grants to cities, towns, regional school districts and educational collaboratives for early childhood education programs, pursuant to the provisions of section fifty-four of chapter fifteen of the General Laws; provided, that seventy-five percent of said funds shall be allocated to programs serving low-income sites, as determined by the board of education; provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without appropriation, notwithstanding the provisions of any general or special law to the contrary; provided further, that the commissioner of education may expend funds from this item for grants to head start programs at his discretion; provided further, that of the sum appropriated herein, any monies expended for the purpose of the head start program shall be used exclusively to fund program slots; and provided further, that the department shall work in conjunction with the department of public welfare to obtain federal reimbursement pursuant to Title IV-A of the Social Security Act for all program participants that are eligible.................... 12,912,938 Local Aid Fund..................... 100.0% 7030-1500 For grants to head start programs; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein Chap. 110 until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called ...........................6,000,000 Local Aid Fund.................... 100.0% 7030-2000 For grants to cities, towns, regional school districts and educational collaboratives for basic skills remediation programs for students in grades one through nine and dropout prevention programs for students in grades seven through twelve, pursuant to the provision of section fifty-two of chapter fifteen of the General Laws; provided, that seventy-five percent of said funds shall be allocated to basic skills remediation programs and twenty-five percent of said funds shall be allocated to dropout prevention programs; provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, regional school district or educational collaborative and held as a separate account and shall be expended by the school committee of such city, town, regional school district or educational collaborative without appropriation, notwithstanding the provisions of any general or special law to the contrary; and provided further, that not less than sixty thousand dollars be expended for the project learn program in the city of Lynn ................................. 1,967,984 Local Aid Fund.................... 100.0% 7032-0500 For grants to cities and towns and regional school districts for school-based comprehensive health education and human services in schools; provided, that any funds distributed under this item shall be deposited with the treasurer of said city, town or regional school district held in a separate account and shall be expended without further appropriation by the school committee .....................................16,000,000 Health Protection Fund............... 100.0% 7035-0002 For the expenses of providing and strengthening basic educational attainment and work-related programs in reading, writing and mathematics at adult learning centers; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made Chap. 110 available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called..............4,205,465 Local Aid Fund.................... 100.0% 7035-0004 For the reimbursement of cities, towns and regional school districts and independent vocational schools for certain expenditures for transportation of pupils pursuant to the provisions of section one I of chapter fifteen of the General Laws, sections seven A, seven B, and thirty-seven D of chapter seventy-one of the General Laws, section eight of chapter seventy-one A of the General Laws, section fourteen of. chapter seventy-one B of the General Laws, and section eight A of chapter seventy-four of the General Laws; provided, that of the amount appropriated herein, not less than one million five hundred thousand dollars shall be obligated for the implementation of chapter six hundred and sixty-three of the acts of nineteen hundred and eighty-three; provided further, that any city, town or regional school district or independent vocational school which has not accepted the provisions of chapter six hundred and sixty-three of the acts of nineteen hundred and eighty-three shall be ineligible for any reimbursement of costs incurred during fiscal year nineteen hundred and ninety-three under this item or for reimbursement of such costs under any of the provisions of general law referred to herein; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated herein............................... 57,600,000 Local Aid Fund..................... 100.0% 7035-0006 For the reimbursement of regional school districts for the transportation of pupils; provided, that notwithstanding any general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated herein .... 26,939,604 Local Aid Fund.................... 100.0% 7052-0003 For school building assistance grants and reimbursements for projects to eliminate racial imbalance under the provisions of chapter six hundred forty-five of the acts of nineteen hundred forty-eight, for first annual payments on school projects; provided, that the aggregate amount of first annual estimated payments for school projects approved by the board of education under the provisions of chapter six hundred forty-five of the acts of nineteen hundred forty-eight in the fiscal year Chap. 110 ending June thirtieth, nineteen hundred ninety-four shall not exceed six million nine hundred fifty thousand dollars for projects ordered or approved by a court as necessary for desegregation or such projects as may be required in the judgment of said board to reduce or eliminate racial imbalance; provided further, that eight million four hundred thirty-three thousand three hundred sixty-three dollars shall be expended for the principal and interest of the projects in the city of Chelsea; and provided further, that a report shall be filed quarterly by the board of education with the house and senate committees on ways and means regarding funding commitments .........................................14,896,215 Local Aid Fund.................... 100.0% 7052-0004 For school building assistance grants and reimbursements for cities and towns not subject to court ordered or board of education racial imbalance plans under the provisions of chapter six hundred forty-five of the acts of nineteen hundred forty-eight, for first annual payments on school projects; provided, that the aggregate amount of first annual estimated payments for school projects approved by the board of education under the provisions of chapter six hundred forty-five of the acts of nineteen hundred forty-eight in the fiscal year ending June thirtieth, nineteen hundred ninety-four shall not exceed nine million nine hundred two thousand four hundred seventy-seven dollars; provided further, that those projects on the fiscal year nineteen hundred and ninety-two priority list, so-called, which have not been reached in fiscal year nineteen hundred and ninety-four shall be given priority before any new projects when such list is prepared for fiscal year nineteen hundred and ninety-five; provided further, that notwithstanding any general or special law to the contrary, the board of education is prohibited from authorizing the expenditure of funds for new school building assistance projects until such time as the existing pool of approved projects on the fiscal year nineteen hundred and ninety-three priority list so-called are funded; and provided further, that a report shall be filed semi-annually by the board of education with the house and senate committees on ways and means regarding funding commitments........................9,232,800 Local Aid Fund...........•......... 100.0% Chap. 110 7052-0005 For grants and reimbursements to cities, towns, regional school districts and counties under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight, as amended, for annual payments on accounts of school projects on which the first annual payments have been made ........................................ 135,000,000 Local Aid Fund................... 100.0% 7052-0006 For grants and reimbursements for cities, towns, regional school districts and counties under the provisions of chapter six hundred forty-five of the acts of nineteen hundred forty-eight, for (a) educational, engineering and architectural services for regional school districts, (b) surveys made of school building needs and conditions, (c) matching stabilization fund payments, (d) costs of leasing buildings for vocational programs and originally equipping and furnishing said buildings for vocational programs, and (e) payments associated with admission to a regional school district; provided, that thirty-five thousand dollars of the amount appropriated herein shall be expended for a portion of the costs to be incurred by the town of Belchertown for architectural plans and drawings to be prepared for a school building project in the town; and provided further, that this thirty-five thousand dollars shall be considered an advance payment of the reimbursement the town receives from the commonwealth for said building project under the provisions of chapter six hundred forty-five of the acts of nineteen hundred forty-eight ....................................575,000 ' Local Aid Fund..................... 100.0% 7052-0007 For grants and reimbursements to cities, towns, regional school districts and counties for the purposes of the school building assistance program under the provisions of chapter six hundred forty-five of the acts of nineteen hundred forty-eight; provided, that of the amount appropriated herein, the board of education may authorize one-time payments of the total reimbursement due to cities and towns for school buildings that are structurally unsound or otherwise in a condition jeopardizing the safety of the school children ............ 5,365,732 Local Aid Fund..................... 100.0% 7053-1909 For the reimbursements to cities and towns for partial assistance in the furnishing of lunches to school children, including partial assistance in the furnishing of lunches to school children as authorized by chapter five hundred and thirty-eight Chap. 110 of the acts of nineteen hundred and fifty-one, and for supplementing funds allocated for the special milk program; provided, that notwithstanding the provisions of any general or special law to the contrary, payments so authorized in the aggregate for partial assistance in the furnishing of lunches to school children shall not exceed the required state revenue match contained in Public Law 79-396, as amended, cited as the national school lunch act, and in the regulations implementing said act.................................. 5,426,986 Local Aid Fund................... 100.0% 7053-1925 For the school breakfast program; provided, that of the sum appropriated herein, not less than three hundred thousand dollars shall be expended for the summer food service out-reach program, and not less than two hundred thousand dollars shall be expended for the school breakfast outreach program, including reimbursement of municipal expenses..............850,000 Local Aid......................... 100.0% 7061-0008 For school aid to cities, towns, regional school districts, counties maintaining agricultural schools and independent vocational schools to be distributed pursuant to the provisions of chapters seventy and seventy six of the General Laws, as appearing in sections thirty-two and sixty-one of chapter seventy-one of the acts of nineteen hundred ninety-three.....1,432,415,996 Local Aid Fund..................... 100.0% 7061-0012 For non-educational costs of residential school programs for students placed by a local school district or ordered by the bureau of special education on appeals, as provided under chapter seventy-one B of the General Laws; provided, that subject to rules and regulations promulgated by the commissioner of education, each city and town shall verify to the commonwealth the cost thereof and upon approval of the commissioner the treasurer shall be authorized to make such payments directly to the service provider for services provided on or after July first, nineteen hundred ninety-three; provided that twenty thousand dollars shall be expended for the town of Groveland for related expenses; provided further, that not more than one million two hundred fifty thousand dollars may be used to fond voluntary pilot programs between the department of education and the department of mental retardation to develop community-based support services for children and their families; provided further, that the amount spent for a particular student shall not exceed the amount of Chap. 110 tuition funds allocated for the student at the time of transition into the pilot program; provided further, that funding provided herein may reimburse private schools for prior fiscal year's tuition; provided further, that the commonwealth shall not pay more than fifty percent of the cost of any such residential placement; provided further, that notwithstanding the provisions of any general or special law to the contrary, no further rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called...............27,871,529 Local Aid Fund..................... 100.0% 7061-9000 For fiscal year nineteen hundred ninety-four reimbursements to certain cities, towns and regional school districts pursuant to section twelve B of chapter seventy-six of the General Laws as appearing in section sixty-one of chapter seventy-one of the acts of nineteen hundred ninety-three; provided, that of the amount appropriated herein, not less than twenty-nine thousand three hundred eighty-four dollars shall be paid to the town of Rowley, and not less than three thousand one hundred ten dollars shall be paid to the town of Boxford, as reimbursement for costs incurred in fiscal year nineteen hundred ninety-two .................................. 7,000,000 Local Aid Fund..................... 100.0% Federal Appropriations 7010-0013 For the purposes of a federally funded grant entitled, Racial Imbalance Programs ................................550,000 7010-9091 For the purposes of a federally funded grant entitled, Explorations in Mathematics, an In-Service Program for Urban Teachers..........................................285,000 7010-9093 For the purposes of a federally funded grant entitled, Project PALMS ........................................ 2,000,000 7010-9706 For the purposes of a federally funded grant entitled, Common Core Data Project....................................40,000 Chap. 110 7010-9732 For the purposes of a federally funded grant entitled, Chapter 2 Education Consolidation and Improvement Act, Administration .................. ...................... 1,790,000 7027-9116 For the purposes of a federally funded grant entitled, Occupational Education, Distribution....................... 15,800,000 7027-9121 For the purposes of a federally funded grant entitled, Community Based Organizations ..............................200,000 7027-9122 For the purposes of a federally funded grant entitled, Occupational Education Consumer and Homemaking..............657,000 7027-9123 For the purposes of a federally funded grant entitled, Technical Preparation .................................. 1,700,000 7027-9126 For the purposes of a federally funded grant entitled, Occupational Education, Administration ..................... 2,800,000 7028-0601 For the purposes of a federally funded grant entitled, Education of the Handicapped, Administration ............... 3,000,000 7028-0816 For the purposes of a federally funded grant entitled, Handicapped in Institutions, Distribution .................. 12,500,000 7028-0891 For the purposes of a federally funded grant entitled, Into the Mainstream .......................................265,000 7028-1925 For the purposes of a federally funded grant entitled, Transition Services for Youth...............................440,000 7030-0191 For the purposes of a federally funded grant entitled, Coordination of Technical Assistance for Bilingual Education Programs by S.E.A.S.................................. 125,000 7030-9736 For the purposes of a federally funded grant entitled, Chapter n, Education Consolidation and Improvement Act, Distribution ............................................ 7,200,000 7030-9780 For the purposes of a federally funded grant entitled, D.D. Eisenhower Math and Science Education Program, Administration ..............................................400,000 7030-9790 For the purposes of a federally funded grant entitled, D.D. Eisenhower Math and Science Education Program, Distribution............................................ 3,500,000 7032-0207 For the purposes of a federally funded grant entitled, Robert C. Byrd Honors Scholarship Program, Administration ..........20,000 7032-0217 For the purposes of a federally funded grant entitled, Robert C. Byrd Honors Scholarship Program, Distribution............180,000 7032-0227 For the purposes of a federally funded grant entitled, Drug Free Schools, Administration............................. 850,000 7032-0228 For the purposes of a federally funded grant entitled, Massachusetts AIDS Education Program ....................... 270,000 Chap. 110 7032-0230 For the purposes of a federal grant entitled, Drug Free Schools, Distribution..................................... 7,500,000 7032-0402 For the purposes of a federally funded grant entitled, Chapter 1, Administration................................... 1,450,000 7032-9130 For the purposes of a federally funded grant entitled, Foreign Language Assistance, Distribution......................295,000 7032-9131 For the purposes of a federally funded grant entitled, Foreign Language Assistance, Administration.....................17,000 7035-0013 For the purposes of a federally funded grant entitled, Education of the Handicapped, Discretionary ................... 3,500,000 7035-0116 For the purposes of a federally funded grant entitled, Chapter I, Education Consolidation and Improvement Act, Distribution ......................................... 145,000,000 7035-0126 For the purposes of a federally funded grant entitled, Neglected and Delinquent Children........................... 630,000 7035-0136 For the purposes of a federally funded grant entitled, Children in State Adult Correctional Institutions ..................135,000 7035-0146 For the purposes of a federally funded grant entitled, Migrant Education ...................................... 5,400,000 7035-0151 For the purposes of a federally funded grant entitled, Homeless Exemplary .......................................500,000 7035-0156 For the purposes of a federal grant entitled, Chapter 1 Capital Expenses for Private Schools ....................... 1,500,000 7035-0157 For the purposes of a federal grant entitled, Chapter 1 Program Improvement......................................590,000 7035-0158 For the purposes of a federally funded grant entitled, Massachusetts Educational Program for Homeless Children ........100,000 7035-0166 For the purposes of a federally funded grant entitled, Even Start Family Literacy, Distribution ........................ 1,439,000 7035-0167 For the purposes of a federally funded grant entitled, Even Start Family Literacy, Administration .........................75,000 7035-0316 For the purposes of a federally funded grant entitled, Education of the Handicapped, Distribution.................... 52,200,000 7035-0713 For the purposes of a federally funded grant entitled, Early Childhood Incentive, Administration ........................420,000 7035-0716 For the purposes of a federally funded grant entitled, Preschool Incentive, Distribution............................. 6,100,000 7035-0718 For the purposes of a federally funded grant entitled, Preschool Incentive, Discretionary............................ 1,650,000 7038-0002 For the purposes of a federally funded grant entitled, Adult Basic Education, Administration......................... 500,000 Chap. 110 7038-0106 For the purposes of a federally funded grant entitled, Adult Basic Education, Distribution.......................... 4,800,000 7038-0109 For the purposes of a federally funded grant entitled, Adult Education for the Homeless............................. 50,000 7038-0110 For the purposes of a federally funded grant entitled, Adult Education Homeless, Administration ......................420,000 7038-0119 For the purposes of a federally funded grant entitled, Workplace Literacy Partnership, Administration .................54,000 7038-0121 For the purposes of a federally funded grant entitled, Workplace Literacy Initiative, Distribution.....................50,000 7038-0193 For the purposes of a federally funded grant entitled, Literary Demo Program, Distribution.......................... 300,000 7038-0194 For the purposes of a federally funded grant entitled, Literacy Demo Program, Administration ........................ 50,000 7038-0492 For the purposes of a federally funded grant entitled, Community Driver License Initiative .......................... 130,000 7038-0493 For the purposes of a federally funded grant entitled, Workplace Initiative .....................................210,000 7038-9003 For the purposes of a federally funded grant entitled, Community Service, Administration........................... 160,000 7038-9004 For the purposes of a federally funded grant entitled, Community Service and Development, Distribution .............. 8,173,000 7038-9724 For the purposes of a federally funded grant entitled, Emergency Immigrant Education Assistance, Administration..........10,000 7038-9746 For the purposes of a federally funded grant entitled, Emergency Immigrant Education Assistance, Distribution ...........630,000 7053-2105 For the purposes of a federally funded grant entitled, Special Food Distribution Cash ..............................600,000 7053-2111 For the purposes of a federally funded grant entitled, Special Milk Program.................................... 750,000 7053-2112 For the purposes of a federally funded grant entitled, School Lunch, Section 11, Special Assistance................ 53,000,000 7053-2113 For the purposes of a federally funded grant entitled, Community School Lunch Program...................... 14,000,000 7053-2114 For the purposes of a federally funded grant entitled, School Breakfast Program............................... 14,500,000 7053-2117 For the purposes of a federally funded grant entitled, Child Care Food Program.............................. 36,000,000 7053-2118 For the purposes of a federally funded grant entitled, School Food Service, Management and Related Activities ........ 320,000 7053-2126 For the purposes of a federally funded grant entitled, Temporary Emergency Food Assistance ................... 1,800,000 Chap. 110 7053-2202 For the purposes of a federally funded grant entitled, Special Summer Food Service Program for Children............ 2,800,000 7062-0008 For the purposes of a federally funded grant entitled, Nutrition Program, Administration........................ 2,150,000 HIGHER EDUCATION COORDINATING COUNCIL AGENCY MISSION To offer the residents of the Commonwealth and other individuals the opportunity of an affordable, quality higher education in the field of their choice. STATUTORY REFERENCES Enabling Statute M.G.L. c. 15A§4 COMPONENT PROGRAMS 1. Administration 2. Financial Assistance 3. Assistance to Tufts School of Veterinary Medicine 4. Universities 5. State Colleges 6. Toxics Use Reduction Institute 7. Community Colleges PROGRAM 1: Administration PROGRAM MISSION To provide administrative, budgetary, legal, policy, technical and academic program support to the council and the public higher education institutions of the Commonwealth. Program Objectives 1. Develop and coordinate a process for monitoring and improving program performance. Performance Measures 1. Program improvements and enhancements produced by the performance review process. Expected Outputs 1. TBR 2. Respond to information 2. inquiries from the general public, higher education students, other state agencies, and the Legislature. Inquiries responded to within 48 hours. 2. 100% 3. Provide information on law enforcement officer higher education perform- 3 a. Officers enrolled in institutions of higher education through this program. 3a. TBR Chap. 110 ance relative to the so-called Quinn Bill. 3b. Officers graduating 3b. TBR from the program. 4. Evaluate new degree 4a. Evaluations conducted. 4a 10 programs. 4b. Degree programs approved. 4b. TBR 5. Conduct computer network 5a. Courses offered. 5a 25 training courses for campus personnel. 5b. Personnel completing training. 5b. 500 State Appropriations 7066-0000 For the administration program, including the chancellor of higher education and the higher education coordinating council, and for the operation of the higher education computer network; provided, that, notwithstanding any provision of general or special law to the contrary, data processing services may be rendered to agencies of the commonwealth and educational institutions at no expense to the system; provided further, that charges for such services shall be allocated to the agencies and institutions of higher education utilizing the data processing system; provided further, that the data processing system shall maintain a schedule of fees for services provided to agencies, institutions and other educational organizations within the commonwealth; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million four hundred thousand dollars, including not more than forty-two positions........................................ 3,212,639 7066-0002 For the operation of the higher education computer network component of the administration program; provided, that the higher education computer network shall generate and is authorized to expend up to one hundred thousand dollars in fees and charges collected for data processing services rendered to agencies, institutions and other educational organizations of the commonwealth; and provided further, that the data processing system shall maintain a schedule of fees for Chap. 110 services provided to agencies, institutions and other educational organizations of the commonwealth ................100,000 7066-0005 For the commonwealth's share of the cost of the compact for education component of the administration program .........60,500 PROGRAM 2: Financial Assistance PROGRAM MISSION To provide financial assistance to residents of the commonwealth currently enrolled in public and private institutions of higher education. Program Objectives Performance Measures Expected Outputs 1. Examine applications and la. Applications received, la.1 125,000 award financial assistance by scholarship program. la2 200 to students through the la.3 250 1) General Scholarship, 2) Herter Scholarship, 3) Public Service Scholar- lb. Students receiving aid, lb.l 33,500 ship by scholarship program. lb.2 60 lb.3 155 lc. Average grant award, lc.l $1,100 by scholarship program. lc.2 $1,612 lc.3 $1,612 Id. Average financial assistance award per student attending public compared to private institutions, by scholarship program. Id. TBR 2. Provide scholarships 2a. Scholarships awarded. 2a. TBR through the Gilbert Grant Program. 2b. Average award per student. 2b. TBR Provide no interest loans to students who are ineligible for state and/or federal financial assistance. 3a. Studentsjeceiving aid. 3b. Average student financial assistance award. 3 c. Average financial assistance award per student attending public compared to private institutions. 3b. $2,000 3c. TBR Chap. 110 Provide middle-income student loans through the MEFA loan program. 4a. Number of students re- 4a. TBR ceiving loans. 4b. Average loan value. 4b. TBR 4c. Average loan awarded 4c. TBR per student attending public compared to private institutions Furnish financial assist- 5a. ance and supportive services to disadvantaged students at public education institutions in Massachusetts under the McNair program. 5b. 5c. 5d. 6. Manage the 1) Supplemental Education Opportunity Grant, 2) College Work Study and 3) Perkins loan programs. Students applying for aid. Students receiving aid. Average student financial assistance award. Students receiving support services through faculty and peer interaction programs. 6a. Colleges participating in each program. 6b. Dollar value of higher education institution participation for each program. 6c. Total federal matching funds for each program. 6d. Students participating in College Work Study. 6e. Students receiving Perkins Loans. 5a. TBR 5b. TBR 5c. TBR 5d. TBR 6a. 1 29 6a.2 29 6a.3 14 6b.l $1,913,969 6b.2 $2,851,022 6b.3 $536,961 6c. 1 $5,795,904 6c.2 $2,851,022 6c.3 $1,610,884 6d. 12,300 6e. 7,000 State Appropriations 7070-0031 For the McNair component of the financial assistance program to increase access to public and independent institutions of higher education for students who meet certain income eligibility standards developed by the chancellor of higher education and for students with serious physical impairments, Chap. 110 known as the Ronald E. McNair education opportunity program; provided further, that, notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six hundred twenty-four thousand one hundred ninety-five dollars, including not more than twenty-five positions .................................... 3,951,135 7070-0032 For the matching student aid component of the financial assistance program which provides matching funds to the supplemental educational grant program, the college work study program and the perkins loan program, as determined by the higher education coordinating council.................. 1,569,105 7070-0065 For the scholarship component of the financial assistance program, for grants to Massachusetts students enrolled in and pursuing a program of higher education in any approved public or independent college, university, school of nursing, or any other approved institution furnishing a program of higher education; provided, that the Massachusetts state scholarship office is hereby authorized to expend not less than ten million dollars for a program of needs based financial assistance for Massachusetts residents enrolled in and pursuing a program of higher education in any of the public institutions of higher education of the commonwealth; provided further, that of the sum appropriated herein, not less than four million dollars shall be obligated for the purposes of the Massachusetts plan, pursuant to section five C of chapter fifteen C of the General Laws, as amended by chapter one hundred thirty-three of the acts of nineteen hundred ninety-two; provided further, that the Massachusetts state scholarship office is authorized and directed to expend no less than four million dollars to provide for the matching scholarship grants to needy Massachusetts students at partic- Chap. 110 ipating Massachusetts independent regionally accredited colleges, universities, and schools of nursing; provided further, that such assistance be distributed to students demonstrating the greatest need as determined by an eligibility index used by the state scholarship office; provided further, that students awarded full or partial scholarships under the Christian A. Herter memorial scholarship program, as established in section sixteen of chapter fifteen A of the General Laws, as most recently amended by chapter one hundred forty-two of the acts of nineteen hundred ninety-one, who have matriculated in a program of higher education outside the commonwealth may continue to receive the scholarship aid guaranteed by said program; provided further, that the state scholarship office is authorized to expend monies for the public service awards, as established in said section sixteen of chapter fifteen A; provided further, that the chancellor of higher education, in coordination with the Massachusetts state scholarship office shall establish such regulations governing the eligibility and the awarding of financial assistance as he shall deem necessary; provided further, that no less than one million thirty-two thousand three hundred fifty-two dollars be expended for scholarship administration costs; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred and thirty-five thousand one hundred and thirty dollars; provided further, that of the amount appropriated herein, the Massachusetts state scholarship office is hereby authorized and directed to expend no less than nine million dollars for the purpose of providing financial assistance through no-interest loans, which shall be subject to repayment, pursuant to section three hundred twenty-three of this act, to Massachusetts students enrolled in and pursuing a program of higher education in any approved public or independent college, university, school of nursing, or any other approved institution furnishing a program of higher education within the commonwealth; and provided further, that of said nine million dollars, no more than nine hundred thousand dollars may be expended for the costs of administering the no-interest loan program................................. 61,000,000 Chap. 110 7077-0010 For the library support component of the financial assistance program which provides for the purchase of scientific, technological and other educational reference material for the libraries of the system of public higher education institutions 10,000,000 PROGRAM 3: Assistance to Tufts School of Veterinary Medicine PROGRAM MISSION To provide state assistance to the Tufts Veterinary Medicine program in return for veterinary services provided to the Commonwealth. Program Objectives Performance Measures Expected Outputs 1. Offer veterinary support 1. State agencies receiving 1. TBR to state agencies. support services. 2. Complete diagnostic eval- 2. Evaluations completed. 2. 14,000 uations through the Small Animal Teaching Hospital program. 3. Treat wild animals through 3. Animals treated. 3. 1,100 the Wildlife Health and Management program. State Appropriation 7077-0023 For the Tufts school of veterinary medicine program; provided, that funds appropriated herein shall be expended for supportive veterinary services provided to the commonwealth; and provided further, that prior year costs may be paid from this item........................................... 3,981,312 PROGRAM 4: Universities PROGRAM MISSION To offer a quality undergraduate through graduate level education in the liberal arts and science fields. The following program objectives, performance measures, and expected outputs are to be reported by campus. Chap. 110 Program Objectives 1. Provide post secondary educational opportunities to qualified candidates through the doctorate degree level. Per formance Measures Expected Outputs la. Average SAT score of incoming freshmen. la 1,000 lb. Students scoring above 50th percentile on SAT. lb. 95% lc. Incoming freshmen in the top 10th, 25m, and 50th percentile of high school class. lc. TBR Id. Applications received compared to students who are accepted. Id. TBR le. Students enrolled per semester. le. 57,600 If Students graduating from the university. If 11,400 lg- Faculty with Ph.D.'s. lg. TBR lh. Minimum student/faculty ratio. lh. TBR li. Instructional spending per student. li. $3,986 lj- Total spending per student. lj. $4,712 lk. Graduation rate of students. Ik. 75% 11. Freshman retention rate. 11. 80% State Appropriations 7100-0200 For the universities program; provided, that, notwithstanding any provision of general or special law to the contrary, the board of trustees shall develop an allocation plan for the amount appropriated herein and shall notify the house and senate committees on ways and means of said plan within forty-five days of the passage of this act; provided further, that not less than two hundred and fifty thousand dollars be expended for the purpose of the Paul E. Tsongas industrial historical center at the university of Lowell; provided further, that of the sum appropriated herein, not less than one hundred fifty thousand dollars be expended for a college preparation program at the university of Massachusetts at Lowell; provided farther, that not less than sixty-nine thousand five hundred and sixty-six dollars be expended for the center for rural Massachusetts at Amherst; provided further, that not less than four hundred twenty-nine thousand dollars be expended for the Massachusetts institute for social and economic research at Amherst to manage the United States Chap. 110 census data and provide population estimates and projections; provided further, that the board of trustees in conjunction with the state health education center at the University of Massachusetts Medical Center shall maintain learning contracts for students admitted on or after the fall of nineteen hundred and seventy-eight which shall include provisions for "payback" service or monetary payback to the commonwealth for a period after said students have fulfilled all internship and residency requirements; provided further, that not less than seven hundred ninety-five thousand six hundred and nineteen dollars be expended for the purposes of the area health education centers program, also known as "AHEC"; provided further, that not less than one hundred thirty-six thousand eight hundred sixteen dollars be expended for the purpose of the state health education center at the medical center; provided further, that four hundred nineteen thousand three hundred and seventy-five dollars be expended for the purposes of the William Joiner center; provided further, that not less than two hundred sixty-two thousand two hundred and eighty-seven dollars be expended for the purposes of the Mauricio Gaston institute of latino community development and public policy; provided further, that not less than two hundred ninety-nine thousand two hundred and eighty-four dollars be expended for the purposes of research and analytical studies at the Monroe Trotter institute; provided further, that not less than two hundred thousand dollars be expended for the purposes of the Asian-American institute; provided further, that not less than four hundred seventy-four thousand one hundred and thirty dollars be expended for the expense of a gerontology institute; provided further, that of the amount appropriated herein, no less than one hundred fifty-six thousand six hundred and sixty-three dollars be expended for the endowment of a chair named in honor of the late Frank Manning; provided further, that not less than forty-two thousand dollars shall be obligated for a position within the Boston office of the Massachusetts institute of social and economic research for the evaluation of the commonwealth's eligibility for federal grant programs and for the application for, and acquisition of any grants made under such programs, and for the marketing and sale of publications and services, to public and private entities, provided by said institute, and further, that if such appropriation made hereunder is not matched by Chap. 110 no less than four times the amount of said appropriation by federal grant monies for sale acquired hereunder by July first, nineteen hundred ninety-four, then said position shall terminate forthwith and may not be renewed; provided further, that not less than six hundred thirty-seven thousand and ten dollars be expended for the physical education department at the University of Massachusetts at Boston; provided further, that of the sum appropriated herein, not less than nine hundred sixty-eight thousand seven hundred twenty-five dollars shall be expended for the county cooperative extension to be conducted by the university of Massachusetts at Amherst for the Berkshire, Bristol, Franklin, Hampden, Hampshire, Suffolk, Essex, Dukes/Nantucket, Middlesex, Worcester, Plymouth and Norfolk county cooperative extension services; provided further, that the cooperative extension shall not close any existing cooperative extension office in any county and shall file a report with the clerk of the senate and the clerk of the house of representatives within ninety days of the passage of this act detailing the plan for maintenance of statewide delivery of services; provided further, that the chairman of the higher education coordinating council shall require said institutions to provide communication accessibility for the deaf and hard of hearing where necessary; provided further, that the state auditor and the comptroller shall investigate and study whether, through efficiencies, economies and increased reliance on other revenue sources, said medical center, consistent with its present purposes, can become financially self-supporting or can operate with a smaller state subsidy than it received in the fiscal year ending June thirtieth, nineteen hundred and ninety-three; provided further, that the state auditor and the comptroller shall report the findings and recommendations of said investigation and study to the house and senate committees on ways and means not later than November first, nineteen hundred and ninety-three; provided further, that, notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost Chap. 110 exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred million two hundred twelve thousand eight hundred and two dollars, including not more than six thousand four hundred and thirty-four positions ......................................... 316,013,470 PROGRAM 5: State Colleges PROGRAM MISSION To provide educational programs, research, extension and continuing education services in the liberal arts, fine arts, and applied arts and sciences through the master's level with a major focus on teaching, in fields and professions which meet state and regional needs. The following program objectives, performance measures, and expected outputs are to be reported by campus. Program Objectives Performance Measures Expected Outputs 1. Provide post secondary la. Average SAT score of la 914 education opportunities to incoming freshmen, qualified candidates through the masters degree level. lb. Students scoring above lb. 80% 50th percentile on the SAT. lc. Incoming freshmen in the lc. TBR top 10th, 25th, and 50th percentile of high school class. Id. Applications received com- Id. TBR pared to students who are accepted, le. Students enrolled in state le. 44,800 colleges per semester. If. Students graduating from If. 7,400 state colleges, lg. Faculty with Ph.D.'s. lg. TBR lh. Minimum student/faculty ratio. In. TBR li. Instructional spending li. $2,100 per student. Chap. 110 lj. Total spending per student. lj. $2,474 Ik. Graduation rate of students. Ik 75% 11. Freshman retention rate. 11. 80% State Appropriations 7109-0100 For the Bridgewater State College component of the state colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed fifteen million six hundred and twenty-nine dollars, including not more than four hundred and seventy-four positions................................... 15,790,136 7110-0100 For the Fitchburg State College component of the state colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed twelve million eight hundred thirty-eight thousand seven hundred and fifty dollars, including not more than four hundred and sixty positions ................. 13,514,473 7112-0100 For the Framingham State College component of the state colleges program; provided further, that of the amount appropriated herein, no less than four hundred thousand dollars shall be expended for the Christa McAuliffe center; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed ten million three hundred sixty-nine thousand one hundred ninety-three dollars, including not more than three hundred and fifty-one positions....................................... 10,914,940 7113-0100 For the North Adams State College component of the state colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed six million seven hundred eighty thousand one hundred and forty-eight dollars, including not more than two hundred and forty-one positions................... 7,136,998 7114-0100 For the Salem State College component of the state colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein Chap. 110 shall not exceed fifteen million six hundred forty four thousand nine hundred and sixty-eight dollars, including not more than five hundred and nineteen positions............... 16,468,388 7115-0100 For the Westfield State College component of the state colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed ten million - forty-five thousand seven hundred and seventeen dollars, including not more than three hundred and twenty-four positions................... 10,574,439 7116-0100 For the Worcester State College component of the state colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed ten million two hundred thirty-six thousand eight hundred and sixty-three dollars, including not more than three hundred and twenty-eight positions .............. 10,775,646 7117-0100 For the Massachusetts College of Art component of the state colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed six million five hundred forty-eight thousand one hundred and fifteen dollars, including not more than two hundred and twenty-six positions ..................... 6,892,753 7118-0100 For the Massachusetts Maritime Academy component of the state colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed five million eight hundred two thousand eight hundred and seventy-five dollars, including not more than one hundred and sixty positions........... 6,108,289 7119-0100 For the operation of state colleges governed by the higher education coordinating council component of the state colleges program; provided, that the higher education coordinating council is hereby directed to allocate funds from this item to items 7109-0100, 7110-0100, 7112-0100, 7113-0100, 7114-0100, 7115-0100, 7116-0100, 7117-0100 and 7118-0100 of section two of this act, according to an allocation plan which shall be developed by said council and filed with house and senate committees on ways and means within forty-five days Chap. 110 of the passage of this act; provided further, that funds appropriated herein may be expended for the purposes of health and welfare obligations; provided further, that the chairman of the higher education coordinating council shall require said institutions to provide communication accessibility for the deaf and hard of hearing where necessary; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed twenty-four million two hundred fifty-two thousand two hundred fifty-three dollars ............................ 25,528,688 PROGRAM 6: Toxics Use Reduction Institute PROGRAM MISSION To maintain a research and training facility at the University of Massachusetts at Lowell which provides educational and training programs in toxics use reduction for professionals, students and the public. STATUTORY REFERENCES Enabling Statute M.G.L. c. 211 § 6 Program Objectives 1. Conduct toxics use reduction planner courses and organize conferences and seminars on environmentally appropriate production. Performance Measures la. Graduates of class who pass the state certification exam. lb. Professional conferences on environmentally appropriate production. 1c. Specialized training classes for the Department of Environmental Protection and other interested parties. Expected Outputs la 95% lb. 2 lc. 8 Sponsor and conduct re- 2. search on alternative policies, practices, materials, and manufacturing processes and maintain research facilities New university-based research projects on alternatives policies, practices, materials or industrial processes identified, assessed and designed. 2. 12 Chap. 110 to assist firms in the New industry and university 3. 6 collaborative research programs. Newsletters published to 4. 4 provide direct information and outreach to over 1,000 firms and organizations. State Appropriation 7220-0004 For the operation ofthe toxics use reductioninstitute program at the university of Massachusetts at Lowell, in accordance with the provisions of chapter twenty-one I of the General Laws as established by chapter two hundred and sixty-five of the acts of nineteen hundred and eighty-nine; provided, however, that of the appropriation herein, not less than two hundred thousand dollars shall be obligated for the purposes of establishing and maintaining programs that will train business, industry, higher education, medical laboratory, and high school laboratory personnel to reduce toxic waste at the source by utilizing the Microscale chemistry technology, including not more than twenty-three positions ............ 1,466,137 Toxics Use Reduction Fund ........... 100.0% PROGRAM 7: Community Colleges PROGRAM MISSION To offer degree and non-degree programs through the associate degree level and to provide credit and non-credit career and occupational programs. The following program objectives, performance measures, and expected outputs are to be reported by campus. reduction of toxic chemical use. 3. Develop statewide univer- 3. sity and industry based research centers consortium to conduct research in toxics use reduction. 4. Provide research, consulta- 4. tion, and educational support to the state divisions implementing the Toxics Use Reduction Act Program. Chap. 110 Program Objectives Performance Measures Expected Outputs 1. Provide career enhance- la Students enrolled in com- la TBR ment opportunities munity colleges by degree, through the associate non-degree, credit, and degree level. non-credit programs. lb. Students graduating from community colleges. lb. 8,900 Ic. Minimum student/faculty ratio. lc. TBR Id. Instructional spending per student. Id. $1,433 le. Total spending per student. le. $1,637 If Graduation rate of students. If 75% State Appropriations 7502-0100 FortheBerkshireCommunity College component of the community colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed four million seven hundred eighty six thousand one hundred and twenty-nine dollars, including not more than one hundred and forty-eight positions . 5,038,031 7503-0100 For the Bristol Community College component of the community colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs as-sociated with the purposes of the program funded herein shall not exceed six million one hundred ninety-six thousand two hun-dred and fifty-three dollars, including not more than two hundred and twenty-three positions ....... 6,522,372 7504-0100 For the Cape Cod Community College component of the community colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed four million eight hundred seventy-five thousand eight hundred and forty-four dollars, including not more than one hundred and sixty-six positions . 5,132,468 7505-0100 For the Greenfield Community College component of the community colleges program; provided, that of the sum appropriated herein not less than one hundred fifty thousand dollars be obligated for a practical nursing program in Hampshire county; provided, that expenditures made from the AA sub- Chap. 110 sidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed four million one hundred twenty-nine thousand seven hundred and ninety-six dollars, including not more than one hundred and fifty-one positions ................... 4,347,154 7506-0100 For the Holyoke Community College component of the community colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed seven million two hundred ninety-nine thousand two hundred and eighty dollars, including not more than two hundred and sixty-nine positions.......... 7,683,452 7507-0100 For the Mass Bay Community College component of the community colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed five million four hundred thirty-eight thousand five hundred and twenty-five dollars, including not more than one hundred and eighty positions............. 5,724,764 7508-0100 For the Massasoit Community College component of the community colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed nine million six hundred five thousand three hundred and thirty-nine dollars, including not more than three hundred and thirty-one positions............. 10,110,883 7509-0100 For the Mount Wachusett Community College component of the community colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed four million six hundred twenty-eight thousand four hundred and eighty-eight dollars, including not more than one hundred and seventy positions . . . 4,872,093 7510-0100 For the Northern Essex Community College component of the community colleges program; provided, that of the sum appropriated herein not less than five hundred thousand dollars be obligated for the LEEP project at Northern Essex community college; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed eight million fifty-four thousand nine hundred and thirty-nine dollars, including not more than two Chap. 110 hundred and sixty positions.......................... 8,478,883 7511-0100 For the North Shore Community College component of the community colleges program; provided, that of the amount appropriated herein not less than two hundred eleven thousand five hundred twenty-four dollars shall be obligated for the associated expenses of leasing, maintenance, security and utility costs of classroom space in the Massachusetts bay transportation authority parking garage in Lynn as per agreement with the North Shore community college; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed nine million three hundred thirty-nine thousand two hundred and five dollars, including not more than three hundred and seven positions . . 9,830,742 7512-0100 For the Quinsigamond Community College component of the community colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed six million three thousand four hundred and twenty-eight dollars, including not more than two hundred and eight positions...................... 6,319,398 7514-0100 For the Springfield Community College component of the community colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed ten million five hundred twenty-six thousand six hundred and sixty dollars, including not more than three hundred and fifty-five positions............. 11,080,695 7515-0100 For the Roxbury Community College component of the community colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed five million five hundred thirty-six thousand nine hundred and one dollars, including not more than one hundred and fifty-one positions................ 5,828,316 7516-0100 For the Middlesex Community College component of the community colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed eight million two hundred eighty-eight thousand four hundred and ninety dollars, including not more than two hundred and ninety-two positions ...... 8,724,727 Chap. 110 7518-0100 For the Bunker Hill Community College of the community colleges program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the program funded herein shall not exceed seven million six hundred forty-five thousand four hundred and thirty-one dollars, including not more than two hundred and fifty positions.......................... 8,047,822 7519-0100 For the operation of state community colleges governed by the higher education coordinating council component of the state colleges program; provided, that the higher education coordin-ating council is hereby directed to allocate funds from this item to items 7502-0100, 7503-0100, 7504-0100, 7505-0100, 7506-0100, 7507-0100, 7508-0100, 7509-0100, 7510-0100, 7511-0100, 7512-0100, 7514-0100, 7515-0100, 7516-0100 and 7518-0100 of section two of this act, according to an allocation plan which shall be developed by said council and filed with house and senate committees on ways and means within forty-five days of the passage of this act; provided further, that funds appropriated herein may be expended for the purposes of health and welfare obligations; provided further, that the chairman of the higher education coordinating council shall require said institutions to provide communication accessibility for the deaf and hard of hearing where necessary; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed twenty-six million five hundred fifty-nine thousand three hundred eighty-seven dollars ........................................... 27,957,250 EXECUTIVE OFFICE OF PUBLIC SAFETY Office of the Secretary 8000-0000 For the office of the secretary; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred fifty-four thousand one hundred ninety-seven dollars, including not more than ten positions...................................646,101 Highway Fund ...................... 85.0% General Fund ....................... 15.0% Chap. 110 8000-0010 For the community policing grants program ............... 5,000,000 Local Aid Fund..................... 100.0% 8000-0020 For the statewide emergency telecommunications program; provided, that the board shall collect an amount equivalent to the direct and indirect costs related to the board pursuant to section eighteen F of chapter six A of the General Laws, as inserted by chapter two hundred ninety-one of the acts of nineteen hundred and ninety; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred seventy-five thousand dollars, including not more than six positions.............................................279,216 8000-0040 For the police career incentive program for reimbursing certain cities and towns for fifty percent of career incentive salary increases for police officers ......................... 13,700,000 Local Aid Fund..................... 100.0% 8000-0101 The office of the secretary is hereby authorized to expend revenues collected up to a maximum of thirty thousand dollars from fees collected for services performed through the auto etching program.....................................30,000 Office of Chief Medical Examiner 8000-0105 For the chief medical examiner pursuant to chapter thirty-eight, as amended by section two of chapter three hundred sixty-eight of the acts of nineteen hundred and ninety-two; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million seven hundred forty-four thousand nine hundred seventy-seven dollars, including not more than forty-two positions ........................................... 2,927,687 8000-0110 For the LEAPS/CJIS andCORI program; provided, that the criminal history systems board is hereby directed to collect four hundred thousand dollars in revenue from record check fees for the purpose of implementing the provisions of chapter three hundred and nineteen of the acts of nineteen hundred and ninety; and provided further, that expenditures made from the AA sub-sidiary, so-called, of this item for the personnel costs associated with the purposes of the programs Chap. 110 funded herein shall not exceed one million seven hundred ninety-seven thousand one hundred eighty dollars, including not more than forty-one positions..................... 3,986,325 Highway Fund ...................... 50.0% Local Aid Fund...................... 50.0% Federal Appropriation 8000-0179 For the purposes of a federally funded grant entitled, Fingerprint Supported Records....................................9,000 Board of Building Regulations and Standards 8000-0160 For the operation of the state board of building regulations and standards, for the purpose of implementing and enforcing the provisions of sections ninety-three through one hundred of chapter one hundred forty-three of the General Laws; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred seventy-nine thousand eighty-nine dollars, including not more than five positions......................... 8000-0161 For the registration of home improvement contractors as established by chapter four hundred fifty-three of the acts of nineteen hundred and ninety-one; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed sixty four thousand five hundred forty-seven dollars, including not more than two positions ........................................... Architectural Access Board 8000-0500 For the operation of the architectural access board; provided, that notwithstanding the provisions of any general or special law to the contrary the architectural board is hereby authorized and directed to charge one hundred twenty-five dollars for variance hearings conducted by the board; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one 222,094 110,550 Chap. 110 hundred fifty-eight thousand six hundred forty dollars, including not more than four positions........................206,001 Department of State Police 8100-0000 For the administration and operation of the department of state police; provided, that the program shall include the division of field services which shall include, but not be limited to, the bureau of metropolitan district operations; provided further, that not less than forty officers shall be provided to the metropolitan district commission division of watershed management for the purpose of patrolling the watershed property of the commission; provided further, that the creation of a new or the expansion of the existing statewide communications network shall include the division of environmental law enforcement of the department of fisheries, wildlife, and environmental law enforcement at no cost to or compensation from said division; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eighty-seven million eight hundred fifteen thousand nine hundred seventy-five dollars, including not more than two thousand two hundred ninety-one positions ................................... 98,047,928 Highway Fund ...................... 88.2% Local Aid Fund....................... 9.5% General Fund........................ 2.3% 8100-0006 For state police private details; provided, that the department is hereby authorized to expend revenues collected up to twelve million dollars from fees charged for private police details; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed twelve million dollars ....... ............ 12,000,000 8100-0007 For overtime of state police officers; provided, that not less than one hundred one thousand two hundred fifty-six dollars shall be expended at the direction of the Suffolk district attorney; provided further, that not less than two hundred ninety-six thousand four hundred dollars shall be expended at the direction of the Middlesex district attorney; provided further, that not less than two hundred eighty-two thousand seven hundred thirty-four dollars shall be expended at the direction Chap. 110 of the Essex district attorney; provided further, that not less than two hundred ninety-eight thousand six hundred sixty dollars shall be expended at the direction of the middle county district attorney; provided further, that not less than one hundred three thousand two hundred ninety-six dollars shall be expended at the direction of the western district attorney; provided further, that not less than one hundred fifteen thousand three hundred sixty-three dollars shall be expended at the direction of the northwestern district attorney; provided further, that not less than two hundred nineteen thousand three hundred thirty-nine dollars shall be expended at the direction of the Norfolk district attorney; provided further, that not less than two hundred seventeen thousand six hun-dred thirty-three dollars shall be expended at the direction of the Plymouth district attorney; provided further, that not less than one hundred seventy-four thousand nine hundred ninety-eight dollars shall be expended at the direction of the Bristol district attorney; provided further, that no less than one hundred eighty thousand five hundred twenty dollars shall be expended at the direction of the Cape and Islands district attorney; provided further, that no less than seventy thousand seven hundred nineteen dollars shall be expended at the direction of the Berkshire district attorney; provided further, that no less than three hundred eighty-six thousand one hun-dred ninety dollars shall be expended at the direction of the office of the attorney general; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed twelve million four hundred forty-seven thousand one hundred eight dollars.......... 12,447,108 8100-0015 For the continued training and related costs of not more than two hundred police cadets who were recruited in fiscal year nineteen hundred and ninety-three......................907,200 Highway Fund ...................... 85.0% General Fund ....................... 15.0% 8100-0100 For the administration and operation of the crime laboratory; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed nine hundred eighty-four thousand five hundred thirteen dollars, including not more than twenty-four positions ........... 1,262,966 Chap. 110 Highway Fund ...................... 85.0% GeneralFund ....................... 15.0% 8100-0150 For the operation of an automated fingerprint identification system ...........................................704,792 Highway Fund ...................... 85.0% General Fund ....................... 15.0% 8100-0200 For the administration and operation of a motor carrier safety assistance program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs asso-ciated with the purposes of the programs funded herein shall not exceed four hundred twenty-six thousand six hundred thirty-five dollars, including not more than fourteen positions..........................................446,635 Highway Fund ..................... 100.0% 8100-0201 The department of state police is hereby authorized to expend revenues collected up to a maximum of one million and fifty thousand dollars from reimbursements received from the motor carrier safety assistance program, including the costs of personnel ....................................... 1,050,000 8100-0300 For the administration and operation of a drug enforcement administration task force; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seventy-three thousand seven hundred twenty dollars ..................................73,720 Highway Fund ...................... 85.0% General Fund ....................... 15.0% Massachusetts Criminal Justice Training Council 8200-0200 For the administration and operation of programs to be conduct-ted by the Massachusetts criminal justice training council; provided, that the criminal justice training council may accept gifts, contributions, grants and bequests of funds or other property from individuals, foundations, corporations, and federal, state or other governmental bodies, which funds or property may be expended or used with the approval of the council's members to discharge the council's responsibilities or to conduct its programs; provided further, that the criminal justice training council shall generate not less than ten thousand dollars from the sale of training materials and supplies; and provided further, that expenditures made from Chap. 110 the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million one hundred forty-six thousand six hundred seventy-one dollars, including not more than thirty-two positions............................ 2,122,809 Department of Public Safety 8311-1000 For the administration of the department and the implementation of chapter four hundred eighty-five of the acts of nineteen hundred and ninety-one; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs as-sociated with the purposes of the programs funded herein shall not exceed seven hundred fifty-five thousand nine hundred twenty dollars, including not more than twenty-eight positions............................. 8312-1000 For the administration of the bureau of special investigations; provided, that not less than five hundred two thousand one hundred eighty-six thousand dollars be expended for the purpose of a front-end detection program; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four million one hundred seventy-nine thousand eight hundred eight dollars, including not more than one hundred four positions . . Federal Appropriation 8314-9707 For the purposes of a federally funded grant entitled, Underground Storage Tank Registry Program..................162,500 Division of Fire Prevention and Regulation 8314-1000 For the administration of the division; provided, that one hundred thousand dollars of the amount appropriated herein shall be expended for a Suffolk county based arson prevention program; provided further, that said one hundred thousand dollars shall be assessed against insurance companies licensed to sell fire insurance in the commonwealth by the commissioner of insurance, and transferred to the General Fund, and such assessments shall be charged to the normal operating costs of . 913,087 4,311,921 Chap. 110 each company; provided further, that not more than ten percent of the amount designated for said arson prevention program shall be expended for the administrative cost of the program; provided further, that the expenses of the board of fire prevention regulations, pursuant to section fourteen of chapter twenty-two of the General Laws, shall be paid from this appropriation; provided further, that the expenses of the fire safety commission shall be paid from this item; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred forty-three thousand seventy-two dollars, including not more than seven positions.........379,232 8314-1100 For the underground storage tank program and the administrative expenses associated with the implementation of chapter twenty-one J; provided, that notwithstanding the provisions of section four of said chapter twenty-one J or any other general or special law to the contrary, appropriations made herein shall be suf-ficient to cover said administrative expenses of the underground storage tank program; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs fun-ded herein shall not exceed three hundred three thousand four hundred seven dollars, including not more than eleven positions...................550,794 Underground Storage Tank Petroleum Product Cleanup Fund ....... ....... 100.0% 8314-1200 For the reimbursement of parties who have cleaned up spills of petroleum products pursuant to chapter twenty-one J of the General Laws.................................... 8,500,000 Underground Storage Tank Petroleum Product Cleanup Fund ............... 100.0% 8314-1300 For the administrative review board component of the underground storage tank program pursuant to chapter twenty-one J of the General Laws; provided, that notwithstanding the provisions of section four of said chapter twenty-one J or any other general or special law to the contrary, appropriations made herein shall be sufficient to cover expenses of said administrative review board; and provided further, that expenditures made from the AA sub-sidiary, so-called, of this item for the personnel costs associated with the purposes of Chap. 110 the programs funded herein shall not exceed eighty-eight thousand five hundred eighty-three dollars, including not more than two positions..............................213,341 Underground Storage Tank Petroleum Product Cleanup Fund ............... 100.0% 8314-1400 For municipal grants administered pursuant to section two of chapter twenty-one J of the General Laws and section thirty-seven A of chapter one hundred and forty-eight of the General Laws, for the purposes of removing and replacing underground storage tanks........................... 1,500,000 Underground Storage Tank Petroleum Product Cleanup Fund ..............100.0% Division of Inspection 8315-1000 For the administration of the division; provided, that the expenses of the state boxing commission be paid from this item; provided further, that not less than thirty thousand dollars be available for an eye examination program for all boxers participating in events regulated by the state boxing commission; provided further, that the commission shall charge professional boxers for the cost of said eye exams; provided further, that a doctor's certificate from another state will be accepted as evidence of such an examination; provided further, that fees for inspections performed during overtime hours be determined by the commissioner of administration; provided further, that the fee for inspections performed during overtime hours be not less than one hundred dollars; provided further, that the division shall inspect all elevators in the State House, McCormack and Saltonstall office buildings; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three million seventy thousand seven hundred fifty-nine dollars, including not more than seventy-seven positions............................... 3,426,994 Massachusetts FirefightingAcademy 8350-0100 For the fire training program including the Massachusetts fire training council, certification program, municipal and non-municipal fire training, and the expenses of the council; pro- Chap. 110 vided, that notwithstanding the provisions of any general or special law to the contrary, sums for the estimated expenses ofthe admin-istration ofthe academy, including the estimated expenses of training facilities and curriculum for firefighting personnel and training programs, shall not exceed two million four hundred twenty-three thousand sixty-eight dollars per fiscal year; pro-vided further, that not less than forty-eight thousand nine hund-red and ninety-two dollars shall be available for the community-based fire prevention program in the Fall River area, shall be paid to the commonwealth by insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated in the commonwealth within thirty days after notice from the commissioner of estimated expenses; pro-vided further, that the secretary for administration and finance shall report monthly to the house and senate committees on ways and means on the justification regarding any restriction on the hiring of fire training personnel, and shall explain the derived savings to the General Fund by not hiring said personnel in this item; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes ofthe programs funded herein shall not exceed five hundred seventy-one thousand eight hundred five dollars, including not more than eighteen positions ........................................... 2,423,068 Local Aid Fund..................... 100.0% Registry of Motor Vehicles 8400-0001 For the administration and operation ofthe registry of motor vehicles, including the title division and the regulation of truck, rail, and bus transportation services; provided, that the positions of administrative assistant to the registrar, legislative assistant, executive assistant to the registrar, and the director of employee relations shall not be subject to civil service laws and rules; provided further, that all expenditures related to computer automation shall be subject to satisfactory quarterly reviews by the office of management information systems and pursuant to schedules by said office; provided further, that forty percent ofthe costs of personnel services associated with the computer, which reflects the proportionate Chap. 110 use of said computer by the merit rating board, shall be assessed to insurance companies doing motor vehicle insurance business within the common-wealth, pursuant to section one hundred eighty-three of chapter six of the General Laws; provided further, that the registry shall operate an office in Fall River; provided however, that no funds from this item shall be spent for any change to the existing system for immediate issuance of permanent motor vehicle operators licenses; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed nineteen million one hundred thirty-two thousand fifty-six dollars, including not more than six hundred ninety-five positions.......................... 38,156,566 Highway Fund ..................... 100.0% 8400-0024 Notwithstanding the provisions of section two of chapter two hundred eighty of the General Laws, the registry of motor vehicles is hereby authorized to expend revenue collected up to a maximum of two million three hundred thousand dollars pursuant to chapter ninety C of the General Laws from assessments for civil motor vehicle infractions, including the cost of personnel; provided, that the amount of this expenditure shall be subtracted from the amount that otherwise would be credited to the Highway Fund pursuant to said section two of chapter two hundred eighty, and shall not affect or alter the amounts of payments to cities and towns pursuant to said section two of chapter two hundred eighty ........ 2,300,000 8400-0050 For the registry of motor vehicles rent at Ruggles Station..... 2,323,274 Highway Fund ..................... 100.0% 8400-0051 For the move and incidental expenses associated with the registry of motor vehicles' move to Ruggles Station ...............930,000 Highway Fund ..................... 100.0% Merit Rating Board 8400-0100 For the safe driver insurance plan program authorized by chapter six of the General Laws; provided, that as of January first, nine-teen hundred eighty-five, notwithstanding the provisions of any general or special law to the contrary, no safe driver insurance plan shall require the payment of an unsafe driver point sur-charge for the first offense for noncriminal, motor vehicle traffic violations as described in chapter ninety C of Chap. 110 the General Laws; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs asso-ciated with the purposes of the programs funded herein shall not exceed two million one hundred eighty thousand one hundred dollars, including not more than seventy-three positions............................. 4,487,673 Highway Fund ..................... 100.0% 8400-0150 For the merit rating board's rent at Ruggles Station............280,000 Highway Fund ..................... 100.0% 8400-0151 For the move and incidental expenses associated with the merit rating board's move to Ruggles Station ............. 448,000 Highway Fund ................... 100.0% Committee on Criminal Justice 8600-0001 For the administration of the committee on criminal justice; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred fifty-nine thousand nine hundred one dollars, including not more than six positions........................ 335,182 Federal Appropriations 8600-0002 For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act Planning............71,400 8600-0003 For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act............... 2,397,642 8600-0008 For the purposes of a federally funded grant entitled, Drug Free Schools and Communities Act of 1986............ 1,950,000 8600-0009 For the purposes of a federally funded grant entitled, Edward Byrne State and Local Federal Assistance Grant Program . . 9,602,000 8600-0010 For the purpose of a federally funded grant entitled, Statistical Analysis Center....................................105,000 8600-0015 For the purposes of a federally funded grant entitled, Weed and Seed - Chelsea.....................................613,000 Military Division 8700-0001 For the administration of the military division, including the offices of the adjutant general and state quartermaster, the oper- Chap. 110 ation of the armories, the camp Curtis Guild rifle range and certain na-tional guard aviation facilities; provided, that notwithstanding the provisions of chapter thirty of the General Laws, certain military personnel in the military division may be paid salaries according to military pay grades, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million two hundred ninety-one thousand six hundred seventy-seven dollars, including not more than eighty-eight positions...................... 3,334,249 General Fund ....................... 50.0% Local Aid Fund...................... 50.0% Military-State Quartermaster 8700-1140 The state quartermaster is hereby authorized to expend revenues collected up to a maximum of seventy-five thousand dollars accrued from fees for the non-military rental or use of armories of the first class for the cost of energy audits for said armories, for the cost of utilities and maintenance, and for the implementation of energy conservation measures with regard tosaid armories ................................75,000 Massachusetts Emergency Management Agency 8800-0001 For the emergency management operations program; provided, that expenditures from this item shall be contingent upon the prior approval of the proper federal authorities; provided further, that not more than fifty thousand dollars shall be available for the fuel, insurance, equipment, maintenance and miscellaneous expenses to sustain the operation of the Massachusetts civil air patrol for aerial surveillance of Massachusetts and other water areas to monitor for environmental pollution discharges, toxic waste dumps, transportation of hazardous materials and wastes and accidents involving said transport, in conjunction with the responsible agency; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that Chap. 110 no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred thirty-three thousand forty-eight dollars, including not more than thirty positions ......... .......................639,982 8800-0100 For the nuclear safety preparedness program; provided further, that the costs of this effort, including fringe benefits and indirect costs, shall be assessed on nuclear regulatory commission licensees operating nuclear power generating facilities in the commonwealth; provided further, that the department of public utilities shall develop an equitable method of apportioning said assessments among said licensees; provided further, that said assessments shall be paid during the current fiscal year as provided by the department of public utilities and shall be credited to the General Fund; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred ninety-eight thousand seven hundred seven dollars, including not more than eight positions...............380,933 Local Ad Fund..... ............. 100.0% 8800-0200 For the Seabrook power plant component of the nuclear safety preparedness program; provided, that the director of the Massachusetts emergency management agency and emergency prepar-edness may enter into agreements for up to one hundred thousand dollars with other state agencies for environmental monitoring; and provided further, that the Massachusetts emergency management agency is hereby authorized to expend an amount not to exceed two hundred seventy-eight thousand seven hundred sixty-eight dollars for a nuclear safety emergency preparedness program, including the costs of personnel; provided further, that the cost of this item may be assessed on electric companies in Massachusetts Chap. 110 which own, in whole or in part, or purchase power from, nuclear power plants located outside the commonwealth whose nuclear power plant areas, as defined in section two B of chapter six hundred and thirty-nine of the acts of nineteen hundred and fifty, as added by section twenty-four of chapter seven hundred and ninety-six of the acts of nineteen hundred and seventy-nine, includes communities located within the commonwealth; provided further, that for the purposes of this item electric companies shall mean all persons, firms, associations and private corporations which own or operate works or a distributing plant for the manufacture and sale or distribution and sale, of electricity within the commonwealth; provided, however, that the term electric company shall not include municipalities or municipal light plants .............278,768 Federal Appropriations 8800-0003 For the purposes of a federally funded grant entitled, Emergency Management Assistance —Personnel and Administrative Expenses .........................................847,000 8800-0004 For the purposes of a federally funded grant entitled, Emergency Management Assistance —Distribution to Cities and Towns; provided, that not more than thirty-two thousand two hundred ninety-three dollars shall be expended for emergency disaster relief ta the town of Hadley for damages caused and expenses incurred as a result of the storm and flooding occurring on April first nineteen hundred and ninety-three........ 768,369 8800-0005 For the purposes of a federally funded grant entitled, Disaster Preparedness Assistance ........................... 50,000 8800-0006 For the purposes of a federally funded grant entitled, Radiological Systems Maintenance............................ 175,853 8800-0007 For the purposes of a federally funded grant entitled, Radiological Defense Officer ..................................50,664 8800-0008 For the purposes of a federally funded grant entitled, Population Protection Planning Program ..........................200,928 8800-0009 For the purposes of a federally funded grant entitled, Emergency Management Training -State/Local Personnel ............75,000 8800-0010 For the purposes of a federally funded grant entitled, Earthquake Loss Study .......................................45,000 8800-0019 For the purposes of a federally funded grant entitled, Superfiind Amendment and Reauthorization Acts of 1986..............10,000 Chap. 110 8800-0020 For the purposes of a federally funded grant entitled, Communication Warning Systems...............................27,786 8800-0021 For the purposes of a federally funded grant entitled, Direction, Control, and Warning Communication System Maintenance and Service ................................... 29,000 8800-0025 For the purposes of a federally funded grant entitled, Hurricane Bob - Public Assistance............................ 1,153,501 8800-0026 For the purposes of a federally funded grant entitled, Coastal StormPublic Assistance............................. 931,821 8800-0038 For the purposes of a federally funded grant entitled, Survival Crisis Management .......................... .......32,500 8800-0039 For the purposes of a federally funded grant entitled, Urban Search and Rescue...................................30,000 8800-0041 For the purposes of a federally funded grant entitled, Snow Removal - March Storm ............................. 1,500,000 Governor's Highway Safety Bureau 8850-0001 For providing matching funds for a federal planning and admin-' istration grant to the Governor's Highway Transportation Act of nineteen hundred seventy-eight, section two hundred seven (d); provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed ninety-eight thousand nine hundred sixty-three dollars ..............................................138,535 Highway Fund ..................... 100.0% 8850-0015 For the expense of the motorcycle safety program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed sixty-three thousand three hundred dollars, including not more than two positions..........................................177,201 Motorcycle Safety Fund.............. 100.0% Federal Appropriations 8850-0004 For the purposes of a federally funded grant entitled, State Agency Programs ................................ 2,900,000 8850-0008 For the purposes of a federally funded grant entitled, Evaluation of Massachusetts Saving Lives .........................50,000 Chap. 110 Department of Corrections 8900-0001 For the administration of the commonwealth's correctional facilities; provided, that notwithstanding the provisions of any general or special law to the contrary, no collective bargaining agreement entered into by the commissioner of administration or his designee in fiscal year nineteen hundred and ninety-four shall contain an increase in roll call pay for corrections officers, provided further, that the department shall conduct a study of the institutional needs and services of pregnant and substance abusing women prisoners; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred fifty-two million seven hundred one thousand two hundred thirteen dollars, including not more than four thousand seven hundred fifty-eight positions....... 213,983,712 8900-0002 For the administration of the department; provided, that the department shall develop an AIDS education plan for persons in the custody or under supervision of the department; provided further, that the department shall conduct a study for emergency medical services associates, EMSA so-called, prison health service study to be filed with the legislature by March fifteenth, nineteen hundred and ninety-four; provided further, that the persons employed under the division of classification of prisoners shall not be subject to the civil service law and rules; provided further, that notwithstanding any provisions of law to the contrary, the director of civil service shall certify to the commissioner of correction, on receipt of permanent requisitions, names of correction officers to fill permanent vacancies; provided further, that the department will provide monthly reports on overtime and authorized excess quota positions usage, by facility, to the house and senate committees on ways and means; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three million nine hundred ninety-five thousand one hundred forty-three dollars, including not more than one hundred positions......................... 4,673,216 Chap. 110 8900-0003 For the local relief component of the correctional care and custody program to mitigate the inordinate fiscal demand placed on local life, health and safety departments in those cities and towns hosting a state correctional facility; provided, that each such city and town shall receive a percentage of the total funds as appropriated herein which shall be equal to the total state inmate population incarcerated within a state correctional facility located within such city or town; provided further, that all inmates incarcerated at MCI-Shirley shall be deemed to be incarcerated within a correctional facility located in the town of Shirley; provided further, that all inmates incarcerated at the Norfolk county jail and house of correction shall be deemed to be incarcerated within a correctional facility located in the town of Dedham; and provided further, that for the purpose of mitigation calculation, all distribution percentages shall be calculated according to the department of correction's inmate population record for July first of the prior year.....................997,000 Local Aid Fund..................... 100.0% 8900-0004 For a health services program; provided, that the commissioner of correction shall file quarterly reports detailing expenditure patterns of this item with the house and senate committees on ways and means; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed thirty-five million three forty-five thousand nine hundred dollars; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein Chap. 110 shall not exceed four hundred forty-two thousand four hundred thirty-nine dollars, including not more than eleven positions .......................................... 36,898,297 8900-0007 For the expenses of the comprehensive offenders employment resources system; provided, that increased emphasis be placed on the provision of services to female offenders; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed ninety-four thousand six hundred eighty-four dollars, including not more than two positions ............ 400,000 8900-0009 For a program of education services; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million four hundred ninety-two thousand nine hundred eighty-two dollars, including not more than sixty-seven positions ........3,378,348 8900-0010 For a prison industries and farm program; provided, that the commissioner of correction shall determine the cost of manufacturing motor vehicle registration plates and certify to the comptroller the amounts to be transferred from the Highway Fund to the General Fund; provided further, that the commissioner of correction shall submit quarterly financial reports detailing revenues generated and expended, to the house and senate committees on ways and means; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred forty thousand six hundred seventy-two dollars.............997,720 8900-0011 For the prison industries and farm program; provided, that the department is hereby authorized to expend an amount not to exceed six million dollars from revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to chapter twenty-nine of the General Laws and recorded on the Massachusetts management accounting and recording system....................... 6,000,000 8900-0015 For a program of correctional residential services; provided, that not less than five hundred thousand dollars be expended Chap. 110 for a contracted low-security residential program for incarcerated expectant mothers; provided further, that not less than one hundred thousand dollars shall be obligated for assistance to incarcerated mothers; provided further, that the remaining appropriation shall be made available to contracted residential services currently accredited by the American Correction Association, and that such contracted residential services are utilized to maximum capacity; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six hundred six thousand nine hundred four dollars, including not more than eighteen positions........ 2,394,139 8900-0016 For the federal prison component of the residential services program .............................................775,000 County Corrections 8910-0000 For a reserve to fund county correctional programs, including programs for intermediate sanctions; provided, that not less than two hundred thousand dollars shall be expended for an intermediate sanctions program at New Bedford district court; provided further, that not less than three million one hundred eighty-five thousand nine hundred fifty-eight dollars be made available to Barnstable county; provided further, that not less than two million five hundred seventy thousand five hundred forty-one dollars be made available to Berkshire county; provided further, that not less than fourteen million eight hundred fifty-nine thousand four hundred forty-five dollars be made available to Bristol county; provided further, that not less than five hundred sixty-six thousand five hundred forty- Chap. 110 three dollars be made available to Dukes county; provided further, that not less than fifteen million eight hundred fifty-nine thousand seven hundred twenty-five dollars be made available to Essex county; provided further, that not less than one million three hundred sixty-two thousand twenty-three dollars be made available to Franklin county; provided further, that not less than twenty million eight hundred fifty-eight thousand five hundred eighty-two dollars be made available to Hampden county; provided further, that not less than four million nine hundred ninety-one thousand seventy-nine dollars be made available to Hampshire county; provided further, that not less than seventeen million six hundred sixty-four thousand one hundred seventeen dollars be made available to Middlesex county; provided further, that not less than one hundred sixty-four thousand dollars be made available to Nantucket county; provided further, that not less than ten million six hundred fifty-nine thousand three hundred seventy-one dollars be made available to Norfolk county; provided further, that not less than eight million seven hundred thirty-seven thousand eight hundred forty-seven dollars be made available to Plymouth county; provided further, that not less than thirty-one million nine hundred seven thousand four hundred thirty-two dollars be made available to Suffolk county; provided further, that not less than sixteen million nine hundred thirteen thousand two hundred seventy-three dollars be made available to Worcester county; provided further, that the balance of this appropriation be distributed among the counties by the county government finance review board in accordance with section eighteen of this act, upon notification to the house and senate committees on ways and means; and provided further that the county finance review board shall make a determination as to the individual distribution of funds to each county no later than January thirty-first, nineteen hundred ninety-four and shall notify the commissioners and sheriffs in each county of this accounting................................. 187,866,919 Local Aid Fund..................... 100.0% Parole Board 8950-0001 For the operation the parole board; provided, that notwithstanding the provisions of any general or special law to thecon- Chap. 110 trary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eight million eight hundred twenty-six thousand fifty-seven dollars, including not more than two hundred fifty-one positions ....... 11,392,010 8950-0002 For the victim and witness assistance program of the parole board, in accordance with the provisions of chapter two hundred fifty-eight B of the General Laws; provided, that the victim service unit positions be classified by the department of personnel administration under the state classification system; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred thirty-three thousand three hundred seventy-one dollars, including not more than five positions ........................................... 159,934 Federal Appropriations EXECUTIVE OFFICE OF ECONOMIC AFFAIRS Office of the Secretary 9000-0100 For the office of the secretary; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred two thousand five hundred forty-seven dollars, including not more than nine positions ............................................454,663 9000-1801 For the administration of the Massachusetts office of business development; provided, however, that of the amount appropriated herein, not less than one hundred twenty-five thousand dollars shall be obligated for the support of programs operated by a farm workers' organization serving low-income Chap. 110 people and the hispanic population of western Massachusetts; provided further, that the office assign a qualified business development assistance specialist to serve southeastern Massachusetts in office space to be made available at the university of Massachusetts at Dartmouth and the cities of New Bedford and Fall River in responding to business inquiries and providing assistance and encouragement; provided further, that not less than sixty-five thousand dollars be expended to the Cape Cod economic development council of Barnstable county; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eight hundred eighty-nine thousand one hundred eighty-three dollars, including not more than twenty-four positions.............................. 2,575,860 9000-1820 For the purpose of financing the required state share of the cost of operating a small business development center, provided, that no funds shall be expended from this account until such time as the small business administration has executed a grant or contract with the university of Massachusetts for the operation of said center; provided further, that the funds expended from this account shall not exceed twenty-five percent of the gross operation cost of said center; provided further, that quarterly reports of expenditures shall be filed with the house and senate committees on ways and means; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized Chap. 110 cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called ...................................747,203 9000-1900 For the expenses of the office of travel and tourism; provided, that not less than one hundred thousand dollars be expended for promoting the bay state games; provided further, that not less than two million dollars be expended for international tourism promotion and marketing; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called, including not more than twenty-three positions ..................... 8,260,000 Massachusetts Tourism Fund .......... 100.0% 9000-1920 For financial assistance for local tourist councils; pursuant to section fourteen of chapter twenty-three A of the General Laws; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called....................................... . 3,923,500 Massachusetts Tourism Fund .......... 100.0% 9000-2000 For the administration of the Massachusetts film bureau; provided, that quarterly reports documenting the economic activity of the film industry in the commonwealth shall be filed with the house and senate committees on ways and means; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein Chap. 110 shall not exceed two hundred thirty-six thousand one hundred eighty-nine dollars, including not more than six positions .....392,183 9000-2100 For expenses of the Massachusetts international trade council; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called........... 619,500 Massachusetts Tourism Fund ............100% 9000-2101 For the additional expenses of the Massachusetts international trade council; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called...................................413,000 9000-2102 For the purpose of making matching grants to all applicants receiving funding under the technology reinvestment project within the advanced research projects agency of the Department of Defense, created and funded pursuant to the Defense Conversion, Reinvestment and Transition Act of fiscal year 1993 and Title IV of the fiscal year 1993 Defense Appropriations Act for the purpose of supporting the creation of or assistance to manufacturing extension services, alternative deployment pilot projects, technology access programs, and other related technology deployment programs; provided, that such applicant has submitted a proposal to the executive office of economic affairs under the Massachusetts technology deployment partnering program or is proposing to create a statewide coordinating system on behalf of the commonwealth; provided further, that such appropriation shall be provided to each applicant in an amount equal to its federal Chap. 110 grant; provided further, that no more than five hundred thousand dollars shall be awarded to an applicant; provided further, that if the total federal grants awarded to applicants exceeds two million dollars, each award under the partnering program shall be reduced proportionately; provided further, that no more than five hundred thousand dollars shall be used for a statewide coordinating system which shall include, but not be limited to, bay state skills corporation, industrial services program, and the executive office of economic affairs; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the department of medical security is hereby authorized and directed to transfer one million dollars to the General Fund by August first, nineteen hundred ninety-three from the labor shortage fund established in section eighty-three of chapter twenty-three of the acts of nineteen hundred eighty-eight for the purpose of partially reimbursing the General Fund for this item........................................... 2,000,000 9000-2200 For the expenses of the state office of minority and women business assistance; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred ninety-seven thousand four hundred six dollars, including not more than ten positions ............................................443,355 Department of Employment and Training 9081-0350 For the summer jobs youth at risk program, including the costs of administration; provided, that service levels shall be developed so as not to exceed the appropriation made available herein; provided further, that the same number of youths shall be served in fiscal year nineteen hundred ninety four that were served in fiscal year nineteen hundred ninety three .... 3,050,000 9081-1000 For the workforce development initiative; provided, that the strategic planning committee of the MassJOBS council shall make recommendations relative to the use of said funds subject to approval by the full MassJOBS council; provided further, that the executive committee of the MassJOBS council shall approve the use of said funds should the full council be unable to approve the use of said funds in a timely manner . . 1,000,000 Chap. 110 9081-7011 For the expenses of bay state skills corporation and the industry responsive training program, employment, training and counseling of displaced homemakers, training of teachers, work force development and business assistance; provided, that a report of all revenues, expenditures, assets and liabilities of said corporation be filed quarterly with the secretary of administration and finance and the house and senate committees on ways and means; provided further, that said corporation shall remain as a quasi-public corporation; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called ...................................225,000 Division of Energy Resources 9095-0003 For the administration of the division of energy resources; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred eight-six thousand one hundred and seventy dollars, including not more than twelve positions ............... 9095-0004 For the residential conservation service program pursuant to chapter four hundred and sixty-five of the acts of nineteen hundred and eighty, and the commercial and apartment conservation service program pursuant to section twelve of chapter twenty-five A of the General Laws; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one hundred sixty-one thousand four hundred eighty-one dollars, including not more than four positions......................... 595,125 188,047 Chap. 110 Federal Appropriations Office of the Secretary 9000-1621 For the purposes of a federally funded grant entitled, Job Training Partnership Act .............................. 95,000,000 9000-7000 For the purposes of a federally funded grant entitled, Strategic Planning for Economic Development ....................180,000 Department of Employment and Training. 9081^0100 For the purposes of a federally funded grant entitled, Department of Employment and Training Administration ...... 106,100,000 9089-1000 For the purposes of a federally funded grant entitled, Trade Expansion Act Program............................ 1,800,000 Division of Energy Resources 9200-9642 For the purposes of a federally funded grant entitled, Institutional Conservation Program .......................... 41,800 9200-9720 For the purposes of a federally funded grant entitled, State Heating Oil and Propane Program .......................20,000 9200-9742 For the purposes of a federally funded grant entitled, State Energy Conservation Plan............................224,234 9200-9757 For the purposes of a federally funded grant entitled, Northeast Regional Biomass Program.........................30,000 EXECUTIVE OFFICE OF ELDER AFFAIRS Office of the Secretary 9110-0100 For the planning and administration of the executive office of elder affairs; provided, that the secretary of elder affairs shall, with the cooperation of the legislature, seek private funding of not more than thirty-seven thousand dollars for the elder advocacy organization known as the silver-haired legislature; provided further, that the executive office of elder affairs shall enter into an interagency service agreement with the department of veterans' services not later than August first, nineteen hundred ninety-three to maximize revenues by identifying individuals who are eligible for veterans' pensions and are currently receiving home care and home health services; and provided further, that expenditures made from Chap. 110 the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million three hundred twenty-three thousand nine hundred fifty-four dollars, including not more than thirty-two positions ...................... 1,727,781 9110-1603 For managed care in housing, for individuals at risk of institutionalization due to functional impairments, but which are not of sufficient severity to meet the clinical admissions criteria for medicaid nursing home eligibility; provided, that said individuals shall be subject to the same rules and regulations as those clients served under item 9110-1630 of this act; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called.......................... 8,276,000 9110-1630 For home care services including home health and respite services, protective services and other services for the elderly; provided, that the home care program shall include a sliding fee program in which all qualified elders shall participate, which shall include provisions to waive said fee in cases where the secretary of elder affairs determines assessment would cause extreme financial hardship; provided further, that not more than two million eight hundred thousand dollars in revenues accrued from said sliding fees shall be retained by the individual home care corporations without reallocation by the executive office of elder affairs, and be expended for the purposes of the home care program, consistent with guidelines to be issued by the executive office of elder affairs; provided further, that home care corporations shall report quarterly to the executive office of elder affairs on the receipt and expenditure of revenues accrued from said sliding fees; provided further, that no new programs shall be established without the prior written approval of the house and senate committees on ways and means; provided further, that said Chap. 110 secretary shall transmit to the house and senate committees on ways and means no later than thirty days after the effective date of this act a plan indicating the estimated monthly caseload to be supported by the appropriation in this item and item 9110-1603; provided further, that anticipated monthly deviations from this initial estimated caseload of greater than two and one-half percent shall require said secretary to notify said committees no later than thirty days following the month reported; provided further, that not more than one million four hundred thousand dollars shall be obligated for the purchase of certified home health services for elders who are not eligible for Medicaid; provided further, that said certified home health services shall include, but are not limited to, home health aid, nursing management and nursing assessments; provided further, that not less than three million dollars shall be obligated for a program of respite care services to provide relief for caregivers who normally provide care to severely impaired individuals, especially those with Alzheimer's disease; provided further, that not more than two percent of the funds appropriated herein for home care services may be used to meet matching requirements of Title III of the Older Americans Act; provided further, that the executive office of elder affairs shall submit a detailed report of aggregate monthly home care purchase of service expenditures, as described in lines thirty-eight to forty three, inclusive of item 9110-1630 of section two of chapter one hundred and sixty-four of the acts of nineteen hundred eighty-eight; provided further, that the secretary of elder affairs shall submit said report to the house and senate committees on ways and means and the secretary of administration and finance, no later than two months following the month reported; provided further, that the secretary of elder affairs is hereby authorized and directed to work with the commissioner of public welfare and the director of the office of purchased services to identify all home care program services which meet the federal definition of personal care services in 42 CFR 440.170(f) and case management in 1915(g) of Title XIX, and to request federal matching funds for such services furnished to persons eligible Chap. 110 for medical assistance under the provisions of chapter one hundred and eighteen E of the General Laws which are not presently reimbursable under any federal waiver program; provided further, that the executive office of elder affairs shall submit quarterly to the house and senate committee on ways and means and the secretary of administration and finance a report listing the amount expended in the previous quarter for the home care program, the administration of the home care program and the managed care community based long term care program; provided further, that notwithstanding the provisions of any general or special law to the contrary, the secretary is hereby authorized to transfer not more than three percent of the funds appropriated herein to item 9110-1633 of section two of this act for the administration of home care corporations or case management services; provided further, that no funds shall be expended from this item to pay for any salary increases for direct service workers who provide state-funded homemaker and home health aid services, that would cause a reduction in client services; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called......................... 72,002,305 9110-1633 For contracts between the executive office of elder affairs and home care corporations or other qualified bidders for the administration of the home care program funded through item 9110-1630 and item 9110-1603 of section two of this act; provided, that said contract shall include the costs of administrative personnel, home care case manager, travel, rent and any other costs deemed appropriate by the executive officer; provided further, that notwithstanding the provisions of any general or special law to the contrary, the secretary is hereby authorized to transfer not more than three percent of Chap. 110 the funds appropriated herein to item 9110-1630 of section two of this act for the direct purchase of home care, home health or related services; provided further, that notwithstanding the provisions of any general .or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called............. 30,977,000 9110-1660 For congregate and shared housing services for the elderly; provided, that the executive office of elder affairs shall submit to the house and senate committees on ways and means a quarterly update, no later than the last day of the following quarter, of all new and existing coordinator positions filled and salaries paid for said positions; provided further, that not less than fifty thousand dollars shall be expended for congregate housing services at the Tuttle House facility in Dorchester; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called.......................... 1,179,492 9110-1900 For local services; provided, that all funds appropriated under this item for an elder service corps shall be for corpsmen stipends, for the cost of mailing corpsmen stipends and for corpsmen participation in group insurance programs, as set forth in chapter one thousand one hundred and sixty-eight of the acts of nineteen hundred and seventy-three; provided further, that the stipend for full-time corpsmen shall not exceed the maximum allowed under earnings limitation sections of the social security act and the stipend for part-time Chap. 110 corpsmen shall not exceed one hundred and thirty dollars per month; provided further, that not less than three million three hundred thousand dollars shall be obligated for the administration of a meals program for elderly persons; provided further, that the department of elder affairs shall maximize federal reimbursement for meals served herein; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called.......................... 4,479,341 General Fund ....................... 50.0% Local Aid Fund...................... 50.0% 9110-9002 For the local services program for grants to the councils on aging; provided, that not less than fifteen thousand dollars shall be obligated for the Massachusetts senior games..... 2,046,873 Local Aid Fund..................... 100.0% Federal Appropriations Office of the Secretary 9110-1074 For the purposes of a federally funded grant entitled, Older Americans Assistance, Title 111-74; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies ..................... 9,700,000 9110-1095 For the purposes of a federally funded grant entitled, Health Information Counseling and Assistance...................252,217 9110-1173 For the purposes of a federally funded grant entitled, Older Americans Act - Title VII Nutrition Program FY73; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies........... 11,350,000 9110-1178 For the purposes of a federally funded grant entitled, Community Service Employment Program; provided, that the executive office of elder affairs may provide periodic payments in Chap. 110 advance to participating agencies .................... 1,841,000 9110-1181 For the purposes of a federally funded grant entitled, Cash in Lieu of Commodities Program; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies....................... 3,850,000 9110-1191 For the purposes ofa federally funded grant entitled, Elder Care Coalition Demonstration Program.......................190,000 9110-1193 For the purposes ofa federally funded grant entitled, Elder Care Volunteer Corp......................................30,000 EXECUTIVE OFFICE OF CONSUMER AFFAIRS Office of the Secretary 9200-0100 For the office of the secretary; provided, that the secretary shall expend no less than ninety-six thousand dollars for the expenses of the automobile insurance public education program; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million sixty thousand forty dollars, including not more than twenty-eight positions ............ 1,283,600 State Racing Commission 9210-0001 For the administration of the commission; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million five hundred nine thousand four hundred thirty-five dollars, including not more than forty-eight positions.............. 3,676,455 Alcoholic Beverages Control Commission 9212-0001 For the administration of the commission; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed seven hundred twenty-nine thousand eight hundred fifty-three dollars, including not more than twenty positions.................. 846,882 Chap. 110 Community Antenna Television Commission 9215-0001 For the administration of the commission; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed four hundred thirty-six thousand six hundred twenty-seven dollars, including not more than eleven positions ......................485,360 Division of Standards 9218-0100 For the administration of the division; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred seventy-six thousand six hundred twenty-nine dollars, including not more than eleven positions........................... 451,513 Division of Banks 9221-1000 For the office of the commissioner; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed six million five hundred seventy-three thousand four hundred twenty-eight dollars, including not more than one hundred eighty-four positions . . . 7,865,942 Division of Insurance 9222-0100 For the administration of the division, including expenses of the board of appeal on motor vehicle policies and bonds, and certain other costs of supervising motor vehicle liability insurance and the expenses of the fraudulent claims board; provided, that the positions of counsel I and counsel II shall not be subject to the provisions of chapter thirty-one of the General Laws; provided further, that contracts or orders for the purchase of statement blanks for the making of annual reports to the commissioner of insurance shall not be subject to the restrictions prescribed by section one of chapter five of the General Laws; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the Chap. 110 personnel costs associated with the purposes of the programs funded herein shall not exceed four million two hundred twelve thousand three hundred eight dollars, including not more than ninety-nine positions....................... 5,306,987 General Fund ....................... 60.0% Highway Fund...................... 40.0% 9222-7800 For the administration of the division; provided, that the commissioner of insurance shall expend funds from this item of appropriation for the purpose of obtaining accreditation by the National Association of Insurance Commissioners...... 3,000,000 Division of Insurance Trust Fund ....... 100.0% Division of Registration 9230-0001 For the administration of the division; provided, that the position of investigator of radio-television technicians shall not be subject to chapter thirty-one of the General Laws; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three million five thousand four hundred thirty-two dollars, including not more than ninety-one positions ........... 3,816,950 9230-0150 For the expenses of the board of registration and discipline in medicine and the committee on acupuncture; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed one million two hundred eighty thousand five hundred forty-one dollars, including not more than forty-seven positions ............. 1,739,023 Department of Public Utilities 9270-0001 For the administration of the department; provided, that notwithstanding the provisions of the second sentence of the first paragraph of section eighteen of chapter twenty-five of the General Laws, the assessments levied pursuant to said first paragraph of said section for fiscal year nineteen hundred ninety-four shall be made at a rate sufficient to produce three million five hundred thirty thousand nine hundred forty-four dollars; provided further, that the department of public utilities is hereby authorized and directed to promulgate rules Chap. 110 and regulations to substantially expedite, streamline and reduce the costs of the rate setting process, subject to the existing review authority of the attorney general, for utilities, selling less than one hundred twenty-five million kilowatt hours of electricity per year; provided, however; that said amount shall be calculated using the average sales for the three years preceding the most current rate request filing; provided further, that said regulations shall be promulgated on or before July first, nineteen hundred and ninety-five, and shall exempt any municipally owned utility; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two million nine hundred seventy nine thousand five hundred six dollars, including not more than eighty-three positions .. . 3,530,944 9272-0001 For the transportation division; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred eighty-two thousand one hundred seventy-seven, including not more than seventeen positions ................................. 618,268 Highway Fund ..................... 100.0% 9275-0600 The energy facilities siting council is hereby authorized to expend revenues collected from filing fees in order to fund the review of applications to construct energy facilities, including not more than four positions.................... 250,000 Federal Appropriations 9271-9015 For the purposes of a federally funded grant entitled, Environmental Externalities in Least Cost Planning .................1,000 EXECUTIVE OFFICE OF LABOR SECRETARIAT MISSION To preserve and protect the health, safety, legal and economic interests of employees in the Commonwealth. STATUTORY REFERENCES COMPONENT AGENCIES Enabling Statute Executive Office M.G.L. c. 6A § 17B-17E Department of Labor and Industries Chap. 110 Board of Conciliation and Arbitration Joint Labor Management Committee Labor Relations Commission Department of Industrial Accidents EXECUTIVE OFFICE AGENCY MISSION To provide overall guidance and administrative support to the departments and programs of the secretariat. STATUTORY REFERENCES Enabling Statute M.G.L. c. 6A § 2 COMPONENT PROGRAMS 1. Executive Office and Department of Labor and Industries Administration 2. Industrial Services PROGRAM 1: Executive Office and Department of Labor and Industries Administration PROGRAM MISSION To provide general oversight and administrative support for the policies and programs administered by the agencies of the secretariat. Program Objectives 1. Develop and coordinate a process of monitoring and improving program performance. Performance Measures 1. Program improvements and enhancements developed by the performance review process. Expected Outputs 1. TBR 2. Oversee all financial oper- 2a Agency budget requests for ations of the secretariat to ensure compliance with Chapter 29 of the General Laws and the General Appropriation Act. FY95 filed. 2b. Documentation submitted explaining secretariat's supplemental budget requests within 5 days of their filing by the Governor. 2a. January 1,1994 2b. TBR Chap. 110 3. Pay invoices within the 3a Invoices paid on time. 3a. 95% Comptroller's guidelines of 45 days after receipt 3b. Interest penalty accrued on 3b. TBR late bills. Enforce state labor laws and regulations through timely prosecution of alleged violations. 4a Cases prosecuted. 4b. Average time to process case. 4c. Cases prosecuted successfully. 5. Hold bid protest hearings 5a Bid protests filed. to decide alleged violations in public bidding requirements. 5b. 5c. 5d. Hearings held. Average time between protest filing and hearing. Average time between hearing and decision. 4a 700 4b. TBR 4c. TBR 5a TBR 5b. TBR 5c. TBR 5d. TBR Issue advisory opinions in 6a Inquiries received. 6a TBR response to constituent in- quiries concerning labor 6b. Opinions issued. 6b. TBR laws. 6c. Average time between initial inquiry and official response. State Appropriation 6c. TBR 9400-0100 For the executive office and department of labor and industries administration program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred five thousand five hundred ninety-six dollars, including not more than twelve positions ............. 616,164 PROGRAM 2: Industrial Services PROGRAM MISSION To provide consulting services and financial support to manufacturing businesses to retain jobs and increase employee involvement and productivity. Chap. 110 Program Objectives Performance Measures Expected Outputs 1. Administer economic la. Businesses assisted. la 7 stabilization trust funds to help prevent business fail- ures and work force reduc- lb. Business closings averted. lb. TBR tions. lc. Jobs created or retained. lc. TBR Id. Default rate on business loans. Id. TBR 2. Provide consulting services 2a Businesses assisted. 2a 80 to ailing manufacturing companies. 2b. Business failures prevented. 2b. TBR 2c. Jobs created or retained. 2c. TBR 3. Provide information and 3a Companies assisted in technical assistance to firms and business groups to encourage employee involvement and ownership. developing employee stock ownership programs. 3a 30 3b. 5 3b. Companies adopting employee stock ownership programs. State Appropriations 9400-1100 For the employee involvement and ownership in the workplace component of the industrial services program; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called................49,800 9400-1700 For the economic stabilization trust component of the industrial services program, as provided by chapter twenty-three D of the General Laws, and for a re-employment assistance program as specified in section seventy-one D of chapter one hundred and fifty-one A of the General Laws; provided, that a report of all revenues, expenditures, assets and liabilities of Chap. 110 the program and of the economic stabilization trust be filed quarterly with the secretary of administration and finance and the house and senate committees on ways and means; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called............................155,400 Department of Labor and Industries AGENCY MISSION To administer programs that protect the health and welfare of employees in the Commonwealth. STATUTORY REFERENCES COMPONENT PROGRAMS Enabling Statute 1. Industrial Safety M.G.L. c. 23 1-6 2. Occupational Hygiene 3. Apprentice Training PROGRAM 1: Industrial Safety PROGRAM MISSION To administer and enforce the state's laws and standards concerning safety in the workplace to limit occupational hazards, accidents and injuries. Program Objectives Performance Measures Expected Outputs 1. Conduct industrial and- la. Complaints or inquiries con- la. TBR construction site investi- cerning workplace safety gations to determine com- received. pliance with safety laws and regulations. lb. Site investigations conducted. lb. 744 lc. Industrial accidents reported. lc. TBR Id. Industrial fatalities reported. Id. TBR Chap. 110 2. Conduct inspections to 2a. Site visits conducted. 2a. 2,892 monitor levels of lead and asbestos in the workplace. 2b. Violations of lead paint and 2b. TBR asbestos laws identified. 2c. Lead and asbestos removal 2c. 3,360 licenses issued or renewed. 3. Provide information and 3. Municipalities assisted. 3. TBR assistance to municipalities to inform workers and communities about their rights concerning the handling of toxic substances. State Appropriations 9411-0100 For the administration and operations component of the industrial safety program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs as-sociated with the purposes of the programs funded herein shall not exceed one million one hundred thirty-seven thousand eight hundred twenty-three dollars, including not more than twenty-seven positions..................... 1,235,096 9411-0105 For the "right-to-know" component of the industrial safety program to implement certain provisions of chapter four hundred seventy of the acts of nineteen hundred eighty-three......... 50,000 Federal Appropriations 9411-2013 For the purposes of a federally funded grant entitled, Mine Safety and Health Training................................70,000 9411-4207 For the purposes of a federally funded grant entitled, Asbestos Compliance Monitoring Grant ......................... 25,000 9411-9701 For the purposes of a federally funded grant entitled, Occupational Safety and Health Administration Onsite Consultation Program ........................................ 755,000 PROGRAM 2: Occupational Hygiene PROGRAM MISSION To enforce hygiene standards in the workplace to ensure the health and welfare of employees in the Commonwealth. Chap. 110 Program Objectives Performance Measures Expected Outputs 1. Conduct industrial site la. Complaints received. la. TBR inspections to determine compliance with state health and sanitation laws. lb. Site inspections conducted. lb. TBR lc. Violations of state health laws lc. TBR identified. 2. Conduct training and pro- 2. Training sessions conducted. 2. 25 videinformation relating to occupational hygiene. 3. Perform laboratory tests on 3a. Samples analyzed. 3a. 300 air and blood samples to determine existence and levels of toxic substances. 3b. Samples indicating un- 3b. TBR acceptable levels of toxic substances. State Appropriation 9412-0100 For the occupational hygiene program; provided, that for a program to evaluate the asbestos level in public buildings the division may employ staff which shall not be subject to chapter thirty-one of the General Laws; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eight hundred twenty-two thousand two hundred eighty-two dollars, including not more than eighteen positions................... 1,004,435 Federal Appropriation 9411-4203 For the purposes of a federally funded grant entitled, Occupational Safety and Health Administration Statistical Survey .... 160,000 PROGRAM 3: Apprentice Training PROGRAM MISSION To coordinate efforts of labor and management to establish and maintain apprentice training in the skilled trades. Chap. 110 Program Objectives 1. Support efforts by Massachusetts companies to establish and maintain apprentice training programs. Per formance Measures Expected Outputs la. Apprentices recruited. la 2,926 lb. Apprentice training programs conducted. lb. 1,562 lc. Companies employing apprentices. lc. 1,791 Id. Trainees completing apprentice training programs. Id. 85% State Appropriation 9415-0100 For the apprentice training program; provided, that no position in the apprentice training division shall be subject to chapter thirty-one of the General Laws; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed two hundred fifty-five thousand eight hundred forty-six dollars, including not more than twelve positions.........................240,472 BOARD OF CONCILIATION AND ARBITRATION AGENCY MISSION To mediate and arbitrate labor and management disputes to achieve impasse resolution and encourage constructive and cooperative labor-management relationships. STATUTORY REFERENCES COMPONENT PROGRAMS Enabling Statutes 1. Dispute Mediation and Arbitration M.G.L. c. 23C M.G.L. c. 150E PROGRAM 1: Dispute Mediation and Arbitration PROGRAM MISSION To assist public management and unions reach settlements after negotiations have failed. Chap. 110 Expected Outputs la 200 lb. 65% lc. 150 Id. 100% le. 80 If 100% Program Objectives Performance Measures 1. Provide interest mediation la. Collective bargaining impasse and grievance arbitration resolution cases opened. 1 b. Collective bargaining impasse resolution cases resolved. 1 c. Grievance arbitration cases opened. Id. Grievance arbitration cases resolved, le. Grievance mediation cases opened. If. Grievance mediation cases resolved. State Appropriation 9420-0100 For the dispute mediation and arbitration program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed five hundred twenty-seven thousand seven hundred seventy-nine dollars, including not more than twelve positions .................575,350 JOINT LABOR MANAGEMENT COMMITTEE AGENCY MISSION To mediate and arbitrate municipal public safety labor disputes. STATUTORY REFERENCES COMPONENT PROGRAMS Enabling Statute 1. Public Safety Dispute Mediation St. 1979, c. 154 PROGRAM 1: Public Safety Dispute Resolution PROGRAM MISSION To assist municipalities and their public safety labor organizations in resolving disputes arising from collective bargaining negotiations to ensure that services are not interrupted. Program Objectives Performance Measures Expected Outputs I. Conduct field investiga- la Field investigations conducted la TBR tions, mediation sessions, within 30 days. and procedural hearings. Chap. 110 lb. Public safety labor disputes lb. 25% resolved, lc. Average months to resolve lc. 11 labor disputes. State Appropriation 9421-0100 For the public safety dispute mediation program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed three hundred ten thousand dollars, including not more than eight positions............403,426 LABOR RELATIONS COMMISSION AGENCY MISSION To administer and enforce the state's public and private sector collective bargaining laws. STATUTORY REFERENCES COMPONENT PROGRAMS Enabling Statutes 1. Labor Relations M.G.L. c. 23 90-9R PROGRAM 1: Labor Relations PROGRAM MISSION To perform quasi-judicial functions to achieve prompt and fair resolution of collective bargaining disputes. Program Objectives Performance Measures Expected Outputs 1. Investigate and dispose of, la Labor relations cases opened. la. 1,200 or adjudicate labor disputes. lb. Labor relations cases closed. lb. 650 lc. Average weeks to process a lc. 45 case from initial filing. State Appropriation 9430-0100 For the labor relations program; provided, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed eight hundred thirty-four thou- Chap. 110 sand eight hundred sixty- two dollars, including not more than eighteen positions.......................... 865,004 DEPARTMENT OF INDUSTRIAL ACCIDENTS AGENCY MISSION To monitor, prevent and provide compensation for work related accidents, injuries and illnesses through dispute resolution, dissemination of workplace health and safety information and administration of public and private trust funds. STATUTORY REFERENCES Enabling Statutes M.G.L. c. 23E COMPONENT PROGRAMS 1. Industrial Accidents PROGRAM 1: Industrial Accidents PROGRAM MISSION To administer the state's workers' compensation system by approving compensation agreements and providing compensation for legitimate occupational injury claims. Program Objectives Performance Measures 1. Process all financial trans- la. actions pursuant to statutory requirements. lb. lc. All eligible fees, fines and late Bills and industry assessments processed on time. Interest penally accrued on late bills. Expected Outputs la. TBR charges collected, lb. 95% lc. TBR Process and adjudicate dispute resolution cases. 2a. Cases filed and resolved 2a. 17,340 through conciliation. 2b. Cases filed and resolved 2b. TBR through arbitration. 2c. Cases adjudicated by the 2c. 15,700 Industrial Accident Board. 2d. Cases adjudicated by the 2d. 11,075 Review Board. Provide training and in- 3 a. Employers and employees formation to employers and receiving training, employees concerning occupational health and safety standards. 3a 3,200 Chap. 110 3b. Reduction in company 3b. TBR specific workplace injuries as a result of training. 3c. Safety grants distributed. 3c. TBR 4. Ensure that all employers 4a. Investigations for compliance 4a. TBR are providing worker's conducted, compensation coverage to their employees as required by law. 4b. Violations identified. 4b. TBR 4c. Amount of penalties assessed. 4c. TBR State Appropriations 9440-0200 For the industrial accidents program; provided, that the General Fund shall be reimbursed for monies appropriated under this account and associated indirect and fringe benefit costs from assessments levied pursuant to section sixty-five of chapter one hundred fifty-two of the General Laws; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed fifteen million seven hundred seventy-six thousand seven hundred eighty-two dollars, including not more than three hundred thirteen positions.......................... 15,776,782 LEGISLATURE Senate 9511-0000 For the compensation of senators ....................... 1,605,000 9511-8000 For expenses of senators, including travel, prior appropriation continued.........................................168,208 9512-0000 For the office of the senate clerk, prior appropriation continued . . 557,480 9512-0100 For in-house printing, duplicating and other expenses, prior appropriation continued.................................99,072 9513-0000 For the salary of the chaplain of the senate, prior appropriation continued 9514-0000 For the office of the senate counsel, prior appropriation continued 590,000 9515-0000 For administrative and legislative aides to the senators, prior appropriation continued.............................. 3,936,000 9515-0100 For the cost of unemployment, medicare and worker's compensation charges assessed against the employees of the senate, prior appropriation continued..........................198,000 Chap. 110 9516-0000 For administrative, secretarial and clerical assistance to the senators, prior appropriation continued................. 1,200,000 9516-0030 For a legislative intern and service program for the senate, prior appropriation continued..............................100,000 9517-0000 For the office of the senate committee on ways and means, prior appropriation continued............................ 1,122,612 9518-0000 For the office supplies and other expenses of the senators, prior appropriation continued..............................720,160 9519-5000 For the salaries of court officers and pages of the senate, prior appropriation continued..............................955,200 9519-6000 For the office of legislative post audit and oversight bureau of the senate, prior appropriation continued .................270,000 9519-7000 For legislative committee services for the senate, prior appropriation continued................................. 1,400,000 9519-7500 For the automation of senate offices, prior appropriation continued ............................................125,000 9519-8000 For the expenses of televising sessions of the senate; provided, however, that any contract for the broadcasting by radio or television of sessions of the senate shall be awarded by the rules committee of the senate to the lowest responsible bidder, prior appropriation continued ......................120,000 0185-7888 For a study by the senate committee on ways and means of chapter twenty-three of the acts of nineteen hundred and eighty-eight, prior appropriation continued House of Representatives 9621-0000 For the compensation of representatives, prior appropriation continued....................................... 5,225,832 9622-8000 For expenses of representatives, including travel, prior appropriation continued................................771,380 9623-0000 For the office of the clerk of the house of representatives, prior appropriation continued.......................... 506,208 9624-0000 For the salary of the chaplain of the house of representatives, prior appropriation continued.......................... 15,359 9625-0000 For the office of the house counsel, prior appropriation continued .......................................... 1,035,016 9626-0000 For the office of the house committee on rules, prior appropriation continued................................. 1,010,401 9626-0010 For repairs and renovations, prior appropriation continued ......186,000 Chap. 110 9627-0050 For the cost of unemployment, medicare and worker's compensation charges assessed against the employees of the house of representatives, prior appropriation continued..............506,449 9628-0000 For the office of the house committee on ways and means, prior appropriation continued ............................ 1,316,833 9628-0010 For certain renovations and improvements to the house committee on ways and means, including the costs of data processing services, prior appropriation continued ...............500,000 9628-0020 For the performance oversight component of the house ways and means committee, prior appropriation continued ........180,000 9629-0000 For clerical and other expenses of the members of the house of representatives, prior appropriation continued............ 2,568,307 9630-0020 For administrative and legislative aides to the members of the house of representatives, prior appropriation continued .. . 3,600,316 9631-0021 For the two administrative assistants to work within the county in which they reside under the direction of the elected representative from the Cape and Islands district; provided, that such assistants shall be residents of the districts; provided further, that each reside in separate counties and neither shall reside in the county in which the elected representative resides; and provided further, that such assistants shall be appointed by said elected representative, prior appropriation continued..........................................56,597 9632-0040 For office supplies and other expenses of the house of representatives, prior appropriation continued....................638,824 9633-0000 For the expenses of televising sessions of the house of representatives, prior appropriation continued....................559,207 9634-2000 For the expenses related to the House Information Systems, including maintenance of data and telecommunications equipment, prior appropriation continued .....................154,349 9634-3000 For the salaries of court officers and pages of the house of representatives, prior appropriation continued................864,521 9634-4000 For the expenses of the office of the house committee on personnel administration, prior appropriation continued..........34,452 9634-5000 For legislative committee services for the house of representatives, prior appropriation continued.................. 4,754,325 9634-6000 For the office of legislative post audit and oversight bureau of the house of representatives, prior appropriation continued .... 852,833 9636-0000 For the legislative service bureau, prior appropriation continued .. 455,924 Chap. 110 Sergeant-at-Arms 9731-0000 For the office of the sergeant-at-arms, prior appropriation continued ............................................518,728 9731-0050 For the cost of unemployment, medicare, and workers compensation charges assessed against the employees of the joint legislative committees, prior appropriation continued ..........179,682 9734-1000 For the salaries of clerks employed in the legislative document room, including other joint legislative expenses, prior appropriation continued...................................376,570 9735-0000 For contingent expenses of the senate and house of representatives and necessary expenses in and about the state house, with the approval of the sergeant-at-arms, prior appropriation continued.........................................180,100 9736-0000 For the rental, maintenance and updating of an electric roll call system, prior appropriation continued.................... 22,532 Other Expenses 9738-0001 For the administration of the office of legislative data processing, prior appropriation continued..........................705,112 9739-0003 For the compilation, indexing, annotating, printing and other expenses in connection with the publication of the bulletin of committee hearings and of the daily list, with the approval of the joint committee on rules, including other joint legislative expenses, prior appropriation continued ..................167,167 9742-0000 For the administration of the legislative engrossing division, prior appropriation continued............................213,883 9743-0000 For printing, binding and paper ordered by the senate and house of representatives, or by concurrent order of the two branches, for printing the manual of the general court, with the approval of the clerks of the respective branches, and for biographical sketches of certain state and federal officials and other expenses, prior appropriation continued............ 2,051,858 9744-1000 For joint legislative dataprocessing and telecommunications services, prior appropriation continued................. 2,784,627 9745-0000 For the emergency service of a physician, for medical supplies in the state house and for expenses, including the purchase of equipment in connection therewith, subject to the approval of the joint committee on rules; provided, that section twenty- Chap. 110 one of chapter thirty of the General Laws shall not apply to the payments made under this item, prior appropriation continued ............................................ 26,170 9746-0000 For the expenses of the joint committees on rules and for clerical and other assistance to the joint committees, prior appropriation continued...................................174,242 9747-0010 For the expenses of joint standing and special committees authorized by joint order to sit and travel during the session and recess of the general court, said funds to be allocated to committees only upon written approval of the president of the senate and the speaker of the house of representatives, prior appropriation continued...............................38,054 9748-0000 For membership fees and programs of legislative associations for the general court of the commonwealth, with the approval of the president of the senate and the speaker of the house of representatives, prior appropriation continued..............209,443 9749-0000 For the expenses of the special commission on financial services, established by section one hundred and eleven of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine; provided, however, that this appropriation shall be fully funded by assessments on depository, nondepository and other financial institutions, prior appropriation continued 9749-0100 For the expenses of the joint committee on redistricting, prior appropriation continued 9749-0200 For the expenses of the study authorized by section forty-three of chapter one hundred and forty-two of the acts of nineteen hundred and ninety-one; provided, however, that the expenditure of funds appropriated herein shall be contingent upon the prior receipt of private donations equal to or greater than said expenditure; and, provided farther, that said donations shall be deposited in the general fund, prior appropriations continued SECTION 2B. Notwithstanding the provisions of any general or special law to the contrary, the following agencies are hereby authorized to expend such amounts as are listed in this section for the provision of services to agencies listed in section two of this act; provided, however, that all expenditures made pursuant to this section shall be accompanied by a corresponding transfer of funds from an account listed in section two of this act to the Intragovemmental Service Fund, established pursuant to section two Q of chapter twenty-nine of the General Laws; provided further, that no expenditures shall be made from said Intragovemmental Service Fund which shall cause said fund to be in deficit at the close of fiscal year nineteen hundred and ninety-four; provided further, that all authorizations in this Chap. 110 section shall be charged to said Intragovemmental Service Fund; provided further, that any balance remaining at the close of fiscal year nineteen hundred and ninety-four shall be transferred to the General Fund. SECRETARY OF THE COMMONWEALTH Office of the Secretary of the Commonwealth For the costs of providing electronic and other publications purchased from the state bookstore and for the commission and notary fees and for direct access to the secretary's computer library pursuant to a schedule of fees established by the secretary of state ........................................25,000 OFFICE OF THE STATE COMPTROLLER Office of the State Comptroller For the cost of compliance with the mandate of the federal law and office of management and budget regulations for a comprehensive state-wide single audit of state operations; provided, that the state comptroller shall charge other items of appropriation for the cost of said audit from allocated federal funds transferred from federal reimbursement and grant receipts ........................................... 525,000 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE Workers' Compensation Litigation Unit 1100-1 111 For the purpose of providing a workers' compensation unit to provide litigation assistance previously provided by the attorney general's office.....................................335,300 Office of Management Information Systems 1101-2310 For the cost of computer resources and services provided by the bureau of computer services, in accordance with the policies, procedures and rates approved by the secretary for administration and finance, including the purchase, lease or rental of telecommunications lines, services and equipment, that are centrally billed to the commonwealth; provided, that the said secretary shall charge other items of appropriation for the cost of said resources and services; provided further, that 0511-0003 1000-0003 Chap. 110 the bureau shall submit quarterly reports to the house and senate committees on ways and means summarizing each agency's charges and payments for the preceding quarter for this item; and provided further, that the secretary for administration and finance is authorized to establish regulations, procedures and a schedule of fees to further implement this section including, but not limited to, the development and distribution of forms and instructions ................... 16,200,000 Bureau of State Office Buildings 1102-3333 For the operation and maintenance of state buildings, including reimbursement for overtime expenses, materials and contract services purchased in performing renovations for agencies occupying state buildings or for services rendered to approved entities utilizing state facilities ................... 50,000 Department of Procurement and General Services 1104-5211 For the purchase, operation and repair of certain vehicles and for the cost of the operation and maintenance of all vehicles that are leased by other agencies...................... 1,680,000 1104-6600 For the purchase, delivery, handling of, and contracting for supplies, postage, related equipment and other incidental expenses as provided pursuant to the provisions of section fifty-one of chapter thirty of the General Laws............... 1,040,000 1104-6603 For the provision of printing, photocopying, and related graphic art or design work, including all necessary incidental expenses and liabilities; provided, that the commissioner of administration shall charge to other items of appropriation within the agencies of the executive branch for such services...... 1,155,000 Department of Personnel Administration 1108-1213 For the cost of goods and services rendered in administering training programs, including the cost of training unit staff; provided, that the department of personnel administration is authorized to collect a seventy-five dollar administrative fee from vendors who submit proposals in response to requests for proposals for the commonwealth of Massachusetts master service agreement for specialized training and consultation services at the time of proposal submission; provided further, Chap. 110 that any vendor who fails to deliver the appropriate administrative fee with its submission shall be deemed non-responsive and its proposal shall not be considered for contract award; provided further, that the department shall charge to other items of appropriation for the cost of participants enrolled in programs sponsored by the department, or to state agencies employing said participants; and provided farther, that the department is authorized to collect from participating state agencies a fee sufficient to cover administrative costs of the commonwealth's pride in performance program and to expend such fees for goods and services rendered in the administration of the program .......700,000 Public Employee Retirement Administration 1108-6201 For the cost of workers'compensation paid to public employees; provided, that the secretary of administration and finance shall charge, pursuant to section fourteen of this act, other items of appropriation or state agencies for cost incurred on behalf of said agencies; provided farther, that said secretary may transfer workers' compensation-related fringe benefit assessments from federal grants and trust accounts to this item; provided further, that said secretary shall identify charges by said item of appropriation; provided farther, that said secretary shall file quarterly reports with the house and senate committees on ways and means detailing said items, including federal grants and trust accounts, that have not yet paid their charges, and the reasons why, within three weeks of the close of each quarter; and provided further, that no fands shall be expended from this item that would cause said item to be deficient............................... 72,499,079 Reserves 1599-3100 For the cost of the commonwealth's employer contributions to the unemployment compensation fand and the medical security trust fund; provided, that the secretary of administration and finance shall authorize the collection, accounting and payment of said contributions; provided farther, that in executing these responsibilities the state comptroller is authorized to charge in addition to individual Chap. 110 appropriation accounts certain non-appropriated funds amounts that are computed on the same basis as the commonwealth's contributions are determined, including expenses, interest expense, or related charges............. 19,944,000 1599-9500 For the implementation of the higher education early retirement incentive program established pursuant to the provisions of this act; provided, that the public employee retirement administration and the group insurance commission, in consultation with the chancellor of higher education, shall certify in writing to the secretary of administration and finance, the comptroller, and the senate and house committees on ways and means, the total amount of pension, group insurance, and other costs associated with those eligible employees who choose to retire on or before December thirty-first, nineteen hundred and ninety-three or June thirtieth, nineteen hundred and ninety-four; provided further, that the comptroller is hereby authorized and directed to transfer the amounts so certified from items 7100-0200, 7109-0100, 7110-0100, 7112-0100, 7113-0100, 7114-0100, 7115-0100, 7116-0100, 7117-0100, 7118-0100, 7119-0100, 7502-0100, 7503-0100, 7504-0100, 7505-0100, 7506-0100, 7507-0100, 7508-0100, 7509-0100, 7510-0100, 7511-0100, 7512-0100, 7514-0100, 7515-0100, 7516-0100, 7518-0100, 7519-0100 of section two of this act to this item for the purposes of paying said costs; provided, that, notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to charge said items for the costs of employees who enroll in said early retirement incentive program who are compensated from nonappropriated funds; provided further, that the comptroller shall expend said charges for the pension, group insurance, and other related costs associated with employees who enroll in said early retirement incentive program at the direction of the public employees retirement administration and the group insurance commission; provided further, that the public employees retirement administration and the group insurance commission, in consultation with the chancellor of higher education, shall, no later than February first, nineteen hundred and ninety-four, complete an analysis to determine whether the funds transferred to this item exceed the actual pension and group insurance costs of employees who retired on December thirty-first, nineteen hundred and ninety-three Chap. 110 or June thirtieth, nineteen hundred and ninety-four and shall submit a copy of said analysis to the secretary of administration and finance, the comptroller and the senate and house committees on ways and means; provided further, that, to the extent that said analysis shows that funds transferred to this item exceed the actual costs associated with employees who retired on or before December thirty-first nineteen hundred and ninety-three or June thirtieth, nineteen hundred and ninety-four, the comptroller shall allocate such excess funds back to items 7100-0200, 7109-0100, 7110-0100,7112-0100, 7113-0100, 7114-0100, 7115-0100, 7116-0100, 7117-0100, 7118-0100, 7119-0100, 7502-0100, 7503-0100, 7504-0100, 7505-0100, 7506-0100, 7507-0100, 7508-0100,7509-0100, 7510-0100, 7511-0100, 7512-0100, 7514-0100, 7515-0100, 7516-0100, 7518-0100, 7519-0100 of section two according to an allocation plan which the chancellor of higher education shall prepare and which shall re-allocate funds proportional to the number of full-time equivalent employees who were compensated from said items and who retired on or before December thirty-first, nineteen hundred and ninety-three, or June thirtieth, nineteen hundred and ninety-four.................................. 17,663,000 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS Office of the Secretary of Environmental Affairs 2001-1002 For the costs of data processing and related computer and mapping services, the distribution of digital cartographic and other data, the review of environmental notification forms pursuant to the Massachusetts environmental policy act, and for the staff and printing of the MEPA Monitor ........... 350,000 Department of Environmental Management 2100-2001 For the costs of providing interstate firefighting services authorized under section forty-four of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-two with the United States Department of Agriculture Forest Service; provided, that costs attributed to other state agencies under agreement be disbursed according to state accounting practices; and provided further, that federal reimbursements Chap. 110 deposited within this account shall be retained for the purposes of item 2100-2000 and 2440-0010 of section two of this act............................................50,000 Department of Fisheries, Wildlife, and Environmental Law Enforcement 2350-0102 For the costs of overtime and special details provided by the department of fisheries, wildlife, and environmental law enforcement's division of environmental law enforcement; provided, that revenues collected under this account shall not revert to the General Fund but shall be retained for the purposes of item 2350-0100 of section two of this act..........120,000 Metropolitan District Commission 2410-1002 For the costs of operating the service's telecommunications system; provided, that nothing in this section shall diminish or impair the rights of all current users of the system pursuant to agreements which have been entered into with the service.....100,000 EXECUTIVE OFFICE OF HEALTH AMD HUMAN SERVICES Massachusetts Commission for the Deaf and Hard of Hearing 4125-0122 For the cost of interpreter services provided by staff of the commission; provided, that any receipts in excess of this amount shall not revert to the General fund, but shall be retained in a revolving fund in accordance with the provisions of section one hundred and ninety-six of chapter six of the GeneralLaws...................................... 50,000 Department of Public Health 4590-0901 For costs of medical services provided at public health hospitals pursuant to a schedule of services and fees approved by the commissioner of public health, which may be expended for the purposes of hospital related costs, including capital expenditures and motor vehicle replacement ............... 100,000 Chap. 110 Department of Mental Retardation 5948-0012 For residential services pilot program, for the costs of residential services provided for the purposes of 7061-0012, in section two of this act................................ 1,250,000 5982-1001 For the costs of products produced by the department's farm program including the sale of milk and livestock; provided, that revenues collected may also be expended for the support of respective programs including costs of materials, supplies, equipment and maintenance of the facility .................23,100 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION Massachusetts Aeronautics Commission 6006-0010 For the costs of air transportation services provided to state officials, including the cost of personnel..................... . 47,500 Department of Highways 6030-7501 For the purchase of bulk fuel for certain vehicles under the authority of the state procurement department; provided, that the commissioner of the department of highways shall charge to other items of appropriation the cost of purchased fuel for other agencies and for certain administrative expenses related to purchasing and distributing the fuel.................. 1,600,000 EXECUTIVE OFFICE OF EDUCATION Higher Education Computer Network 7066-0003 For the costs of data processing services provided by the higher education computer network pursuant to a schedule of fees for services ....................................... 50,000 EXECUTIVE OFFICE OF PUBLIC SAFETY Department of State Police 8100-0002 For the costs of overtime associated with requested police detail; provided, that revenues collected under this account shall not revert to the General Fund but shall be retained without further appropriation for the purposes of item 8100-0000 of section two of this act....................... 1,400,000 Chap. 110 Military Division 8700-1145 For the costs of utilities and maintenance and for the implementation of energy conservation measures with regard to state armories ......................................75,000 Department of Correction 8900-0021 For the costs of products produced by the prison industries and farm program and for the costs of services provided by inmates, including moving, auto repair, culinary, and renovation and construction services; provided, that the cost for such renovation and construction services shall not exceed the amount established by the department of procurement and general services; provided further, that such revenues may also be expended for materials, supplies, equipment, maintenance of facilities and compensation of employees and for the inmate employment and training program ......... 6,400,000 SECTION 2C. I. For the purpose of making available in fiscal year nineteen hundred and ninety-four balances of appropriations which otherwise would revert on June thirtieth, nineteen hundred and ninety-three, the unexpended balances of the maintenance appropriation items listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the fiscal year nineteen hundred and ninety-four. Amounts in this section are reappropriated for the purposes of and subject to the conditions stated below for each item; provided, however, that for items for which purposes and conditions are not specified below, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section two of the general appropriation act and section two A of supplemental appropriation acts for the fiscal year ending June thirtieth, nineteen hundred and ninety-three; provided, that for items neither with purposes and conditions specified below nor appearing in said section two or two A the amounts in this section are reappropriated for the purposes of and subject to the conditions stated for the corresponding item in section two or two A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds designated below for each item; provided, that for items for which no fund is so designated, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section two of the general appropriation act or section two A of supplemental appropriation acts for the fiscal year ending June thirtieth, nineteen hundred and ninety-three; provided, that for items neither with a fund designated below nor appearing in said section two, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section two of this act or in prior appropriation acts. Chap. 110 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT 3722-9024 ............................................. $3,000,000 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES Department of Public Health 4500-1010 ............................................ $20,000,000 LOCAL AID DISTRIBUTIONS SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, except for section twelve B of chapter seventy-six as appearing in section sixty-one of chapter seventy-one of the acts of nineteen hundred and ninety-three, for the fiscal year ending June thirtieth, nineteen hundred and ninety-four, the lottery distribution to cities and towns of the balance of the State Lottery Fund, as paid by the treasurer from the Local Aid Fund in accordance with the provisions of clause (c) of section thirty-five of chapter ten of the General Laws, shall be three hundred and twenty-nine million dollars and shall be apportioned to the cities and towns in accordance with this section; provided, that the amount of any balance in the State Lottery Fund at the end of the fiscal year shall be transferred to the Local Aid Fund. Pursuant to item 0611-5501 of section two of this act, there shall be made available a one-time payment of municipal stabilization local aid, to be distributed from the local aid fund in accordance with the formula used to distribute the State Lottery Fund local aid. Notwithstanding the provisions of chapter seventy of the General Laws or any other general or special law to the contrary, receipt of the municipal stabilization local aid shall in no way effect a municipality's obligations regarding education financing and shall be available for unrestricted use by the municipalities. Notwithstanding the provisions of any general or special law to the contrary, except for section twelve B of chapter seventy-six as appearing in section sixty-one of chapter seventy-one of the acts of nineteen hundred and ninety-three, the total amounts to be distributed and paid to each city, town, regional school district and county maintaining an agricultural school from items 0611-5500, 0611-5501 and 7061-0008 of section two of this act shall be set forth in the following fist; provided further, that the amounts to be distributed from items 0611-5500, 0611-5501 and 7061-0008 of said section two are hereby deemed to be in full satisfaction of the amounts due under chapter seventy and section thirty-seven of chapter twenty-one of the General Laws. No payments to cities, towns, regional school districts or counties maintaining an agricultural school pursuant to this section shall be paid after November thirtieth of the fiscal year by the state treasurer until he receives certification from the commissioner of revenue of said commissioner's acceptance of the prior fiscal year's annual financial reports submitted pursuant to the provisions of section forty-three of chapter forty-four of the General Laws. Chap. 110 0611-5500 7061-0008 0611-5501 ADDITIONAL CHAPTER 70 LOTTERY MUNICIPAL MUNICIPALITY ASSISTANCE SCHOOL AID DISTRIBUTION STABILIZATION ABINGTON 0 3,851,078 933,624 49,876 ACTON 37,368 749,485 604,239 39,923 ACUSHNET 30,043 2,066,625 725,930 36,192 ADAMS 44,096 0 1,027,029 45,646 AGAWAM 0 6,096,684 1,697,549 95,304 ALFORD 0 0 8,038 350 AMESBURY 0 4,752,998 934,509 47,215 AMHERST 280,503 2,809,278 3,453,217 217,428 ANDOVER 0 1,940,906 695,537 50,840 ARLINGTON 5,652,310 2,871,148 2,066,731 127,873 ASHBURNHAM 0 0 243,314 18,674 ASHBY 0 0 159,768 9,915 ASHFIELD 0 0 67,485 4,666 ASHLAND 366,937 745,706 360,290 30,096 ATHOL 5,507 0 852,782 63,511 ATTLEBORO 0 11,582,763 2,343,622 142,141 AUBURN 0 2,522,819 733,416 44,224 AVON 504,148 251,140 209,043 9,227 AYER 55,642 3,665,786 401,191 16,360 BARNSTABLE 0 1,620,378 670,573 60,402 BARRE 0 0 326,531 19,898 BECKET 10,797 1,672 35,440 1,669 BEDFORD 609,391 744,053 317,167 22,261 BELCHERTOWN 0 2,903,010 643,038 36,301 BELLTNGHAM 0 4,161,452 967,037 45,490 BELMONT 1,041,278 1,091,292 838,039 49,761 BERKLEY 0 1,131,271 201,238 12,260 BERLIN 0 262,901 111,770 6,064 BERNARDSTON 0 0 108,968 6,813 BEVERLY 3,086,077 3,747,165 1,762,752 104,786 BILLERICA 2,956,313 6,226,658 1,730,437 106,372 BLACKSTONE 0 1,241 560,201 33,413 BLANDFORD 0 0 53,242 3,159 BOLTON 0 65,917 72,919 5,448 BOSTON 206,638,214 66,602,012 27,232,544 1,886,059 Chap. 110 0611-5500 7061-0008 0611-5501 ADDITIONAL CHAPTER 70 LOTTERY MUNICIPAL MUNICIPALITY ASSISTANCE SCHOOL AID DISTRIBUTION STABILIZATION BOURNE 443,645 1,279,435 454,076 29,244 BOXBOROUGH 0 87,756 94,128 5,632 BOXFORD 45,818 185,307 166,417 10,343 BOYLSTON 0 164,886 158,680 8,414 BRAINTREE 4,250,822 1,885,496 1,501,952 76,829 BREWSTER 0 136,192 112,688 11,374 BRTOGEWATER 0 3,850,241 1,232,762 82,239 BRIMFIELD 0 408,924 145,273 8,998 BROCKTON 5,424,063 41,027,599 7,596,741 445,017 BROOKFDELD 0 691,420 201,908 13,386 BROOKLINE 4,401,448 1,740,063 1,818,725 119,751 BUCKLANb 0 0 118,534 7,009 BURLINGTON 1,744,603 1,644,883 620,663 48,094 CAMBRIDGE 22,595,349 2,626,192 3,756,704 209,936 CANTON 1,104,851 1,001,949 602,533 35,884 CARLISLE 18,534 187,764 78,845 7,115 CARVER 0 3,245,230 496,322 43,175 CHARLEMONT 0 0 64,715 4,395 CHARLTON 0 0 470,791 31,178 CHATHAM 0 94,625 71,455 4,508 CHELMSFORD 3,190,395 2,944,294 1,290,155 87,649 CHELSEA 4,274,507 15,028,280 2,311,923 150,782 CHESHIRE 0 0 233,160 13,366 CHESTER 0 0 68,608 4,352 CHESTERFIELD 0 4,615 53,043 3,184 CHICOPEE 1,504,526 18,092,935 4,333,839 256,058 CHILMARK 0 7,545 1,398 105 CLARKSBURG 16,502 566,486 176,529 9,669 CLINTON 220,865 4,288,384 967,530 56,488 COHASSET 209,013 527,807 199,483 10,616 COLRAIN 0 0 88,511 6,492 CONCORD 483,163 553,848 419,285 27,847 CONWAY 0 142,427 70,135 4,541 CUMMTNGTON 0 7,002 30,551 1,885 DALTON 0 275,565 422,333 27,732 DANVERS 1,408,080 1,282,590 908,100 53,658 DARTMOUTH 0 4,184,868 1,117,033 65,409 Chap. 110 0611-5500 7061-0008 0611-5501 ADDITIONAL CHAPTER 70 LOTTERY MUNICIPAL MUNICIPALITY ASSISTANCE SCHOOL AID DISTRIBUTION STABILIZATION DEDHAM 1,950,847 1,444,219 1,023,635 58,713 DEERFIELD 0 340,599 201,469 13,198 DENNIS 0 0 202,603 14,405 DIGHTON 0 0 309,770 17,106 DOUGLAS 0 1,641,791 17,336 DOVER 0 60,018 90,366 5,441 DRACUT 0 5,323,015 1,324,116 88,693 DUDLEY 0 0 639,807 37,327 DUNSTABLE 37,846 0 69,190 4,767 DUXBURY 0 1,086,889 374,890 28,246 EAST BRIDGEWATER 0 3,290,439 625,928 34,990 EAST BROOKFIELD 0 3,910 136,756 7,264 EAST LONGMEADOW 0 1,749,274 596,239 32,887 EASTHAM 0 51,355 50,111 4,245 EASTHAMPTON 137,004 5,129,671 1,260,162 69,370 EASTON 0 3,281,199 865,313 63,256 EDGARTOWN 35,873 81,723 14,520 1,413 EGREMONT 0 0 33,339 1,608 ERVTNG 16,548 132,259 20,744 2,059 ESSEX 42,569 178,325 100,329 6,073 EVERETT 5,139,628 3,522,218 1,395,370 106,536 FAIRHAVEN 492,569 3,245,667 942,586 49,235 FALL RIVER 2,882,862 47,209,758 11,396,680 543,557 FALMOUTH 0 1,716,992 598,991 35,701 FITCHBURG 270,312 15,995,019 3,604,785 220,661 FLORIDA 0 64,675 15,765 1,714 FOXBOROUGH 0 2,575,388 730,425 ,39,658 FRAMINGHAM 5,911,189 3,052,867 2,523,084 199,085 FRANKLIN 0 4,596,043 1,050,220 59,178 FREETOWN 0 532,262 394,376 26,854 GARDNER 151,944 7,060,180 1,601,618 95,552 GAY HEAD 0 960 1,219 35 GEORGETOWN 66,691 1,362,294 293,993 18,563 GILL 0 0 81,767 6,490 GLOUCESTER 2,419,911 2,801,335 1,132,176 63,008 GOSHEN 0 2,755 27,182 1,845 GOSNOLD 2,469 100 167 19 GRAFTON 0 2,327,064 629,153 44,286 Chap. 110 0611-5500 7061-0008 0611-5501 ADDITIONAL CHAPTER 70 LOTTERY MUNICIPAL MUNICIPALITY ASSISTANCE SCHOOL AID 1 DISTRIBUTION STABILIZATION GRANBY 0 1,468,443 389,440 19,868 GRANVILLE 0 131,078 54,133 3,746 GREAT BARRINGTON 0 0 375,084 20,909 GREENFIELD 0 5,673,175 1,421,799 74,779 GROTON 0 0 277,779 18,798 GROVELAND 0 0 307,693 17,257 HADLEY 174,084 210,852 136,031 8,517 HALIFAX 0 1,068,672 394,222 23,521 HAMILTON 53,967 0 278,476 16,180 HAMPDEN 0 622,555 289,703 13,612 HANCOCK 22,195 25,965 22,134 823 HANOVER 1,669,092 1,331,099 482,846 26,272 HANSON 0 0 591,758 29,036 HARDWICK 4,062 0 190,760 8,056 HARVARD 69,324 598,943 923,750 52,149 HARWICH 0 309,194 157,933 11,374 HATFIELD 0 304,332 154,126 8,825 HAVERHILL 3,149,881 13,563,007 3,159,061 191,577 HAWLEY 16,264 0 11,661 852 HEATH 0 84,806 17,216 1,812 HINGHAM 420,485 1,419,940 660,086 36,532 HINSDALE 0 33,122 82,716 6,118 HOLBROOK 5,987 3,130,342 706,575 39,293 HOLDEN 0 1,481,241 694,425 46,385 HOLLAND 0 155,798 65,270 5,333 HOLLISTON 518,826 2,322,839 547,573 34,693 HOLYOKE 763,384 33,076,794 4,402,011 227,920 HOPEDALE 0 1,067,418 217,621 21,961 HOPKINTON 151,365 667,964 244,057 17,278 HUB3ARDST0N 0 0 94,401 8,576 HUDSON 0 3,987,964 953,031 56,158 HULL 1,747,307 1,799,225 469,472 30,965 HUNTINGTON 0 0 127,399 7,786 IPSWICH 975,780 850,680 467,093 28,640 KINGSTON 0 736,150 364,692 24,225 LAKEVILLE 0 642,091 322,638 17,060 LANCASTER 0 1,324,406 402,564 23,121 Chap. 110 0611-5500 7061-0008 0611-5501 ADDITIONAL CHAPTER 70 LOTTERY MUNICIPAL MUNICIPALITY ASSISTANCE SCHOOL AID DISTRIBUTION STABILIZATION LANESBOROUGH 0 356,817 210,341 7,185 LAWRENCE 239,970 45,797,042 6,275,273 444,053 LEE 0 1,054,245 362,298 15,963 LEICESTER 0 3,573,146 786,050 42,183 LENOX 90,787 789,390 346,987 9,572 LEOMINSTER 14,714 11,579,210 2,221,232 141,151 LEVERETT 0 50,754 68,159 5,165 LEXINGTON 0 1,980,631 724,197 49,219 LEYDEN 0 0 23,249 1,977 LINCOLN 367,459 145,405 208,631 13,565 LITTLETON 207,535 454,102 242,172 14,972 LONGMEADOW 0 1,861,563 647,080 34,813 LOWELL 7,978,998 39,959,285 7,189,329 515,428 LUDLOW 0 4,288,783 1,307,554 64,792 LUNENBURG 0 1,831,282 469,263 26,664 LYNN 11,926,220 33,380,141 5,597,804 378,155 LYNNFIELD 455,892 744,350 336,948 23,716 MALDEN 7,030,168 11,983,666 3,737,694 229,140 MANCHESTER 0 303,623 121,218 6,690 MANSFIELD 912,368 1,438,035 533,141 38,933 MARBLEHEAD 49,583 908,917 490,931 36,978 MARION 0 61,253 86,020 5,537 MARLBOROUGH 3,433,241 1,685,629 1,421,943 76,919 MARSHFTELD 255,142 4,576,666 949,218 51,022 MASHPEE 0 184,138 49,317 7,567 MATTAPOISETT 0 150,168 203,982 9,325 MAYNARD 738,519 1,136,067 482,266 33,822 MEDFIELD 937,000 731,641 397,730 25,522 MEDFORD 8,094,393 7,828,106 3,446,751 197,475 MEDWAY 235,317 1,844,248 396,270 26,964 MELROSE 3,402,865 3,486,968 1,510,515 84,002 MENDON 0 0 139,418 10,570 MERRTMAC 0 0 321,055 20,754 METHUEN 205,147 9,770,002 2,133,842 132,127 MIDDLEBOROUGH 0 6,620,380 1,062,108 60,298 MTDDLEFIELD 0 0 20,118 918 MIDDLETON 159,272 185,170 151,923 8,833 Chap. 110 0611-5500 7061-0008 0611-5501 ADDITIONAL CHAPTER 70 LOTTERY MUNICIPAL MUNICIPALITY ASSISTANCE SCHOOL AID DISTRIBUTION STABILIZATION MILFORD 0 7,074,288 1,436,859 83,414 MILLBURY 0 2,866,482 808,218 44,210 MILLIS 403,862 953,459 324,292 21,791 MILLVILLE 0 959 143,702 8,021 MILTON 1,566,851 1,086,670 1,063,296 63,874 MONROE 17,526 6,655 4,768 189 MONSON 0 2,298,605 602,396 28,994 MONTAGUE 0 0 554,082 29,736 MONTEREY 15,777 0 21,623 661 MONTGOMERY 0 0 36,113 2,263 MOUNT WASHINGTON [ 41,886 2,466 1,029 109 NAHANT 157,791 127,474 138,362 7,987 NANTUCKET 0 137,435 29,350 1,991 NATICK 2,444,348 1,714,012 1,054,820 71,091 NEEDHAM 259,216 1,427,873 727,552 44,861 NEW ASHFORD 9,203 6,270 2,693 321 NEW BEDFORD 901,313 54,940,033 11,304,438 591,826 NEWBRAINTREE 0 0 40,978 2,848 NEW MARLBOROUGH 0 0 26,263 1,366 NEW SALEM 0 0 45,190 1,905 NEWBURY 0 477,602 179,058 13,102 NEWBURYPORT 1,736,621 1,823,817 737,331 39,960 NEWTON 1,732,789 3,589,466 2,371,645 142,393 NORFOLK 0 905,788 325,518 29,500 NORTH ADAMS 233,872 7,748,910 2,177,540 117,177 NORTH ANDOVER 151,695 1,511,418 729,919 55,172 NORTH ATTLEBORO 0 5,880,425 1,228,072 76,275 NORTH BROOKFIELD 0 1,815,805 354,730 21,540 NORTH READING 1,189,787 882,589 481,121 27,558 NORTHAMPTON 727,239 5,217,048 1,949,265 100,337 NORTHBOROUGH 76,900 1,089,051 439,543 30,058 NORTHBRIDGE 3,865 4,258,004 1,039,924 64,620 NORTHFIELD 0 0 101,285 8,871 NORTON 0 3,734,458 931,185 50,403 NORWELL 680,878 850,454 316,660 17,470 NORWOOD 3,354,660 1,503,800 1,191,109 65,898 OAK BLUFFS 0 44,583 25,003 2,112 Chap. 110 0611-5500 7061-0008 0611-5501 ADDITIONAL CHAPTER 70 LOTTERY MUNICIPAL municipality ASSISTANCE SCHOOL AID DISTRIBUTION STABILIZATION OAKHAM 0 0 55,875 4,783 ORANGE 2,661 2,340,413 742,661 35,441 ORLEANS 0 41,788 74,084 4,711 OTIS 0 0 12,655 760 OXFORD 0 4,048,871 957,406 47,115 PALMER 0 3,537,574 876,260 46,174 PAXTON 0 410,102 189,272 12,248 PEABODY 3,951,625 7,104,556 2,238,929 142,233 PELHAM 0 16,933 59,315 3,988 PEMBROKE 0 1,880,653 729,962 40,312 PEPPERELL 0 0 495,045 33,536 PERU 0 36,916 41,797 2,662 PETERSHAM 0 31,768 44,760 2,895 PHILLIPSTON 5,519 0 44,364 4,465 PITTSFIELD 1,107,722 17,849,823 3,765,842 183,499 PLAINFIELD 0 0 15,847 1,101 PLAINVILLE 0 683,577 295,602 18,228 PLYMOUTH 0 6,637,585 1,195,631 107,562 PLYMPTON 0 196,191 92,569 5,238 PRINCETON 0 285,144 120,687 7,322 PROVINCETOWN 27,912 114,203 66,417 4,063 QUINCY 14,555,556 8,070,229 4,570,533 271,167 RANDOLPH 2,297,597 4,729,390 1,507,589 100,961 RAYNHAM 0 1,579,879 537,312 25,421 READING 1,931,472 1,780,427 943,649 64,642 REHOBOTH 0 0 406,259 24,090 REVERE 6,712,698 7,760,301 2,476,178 152,631 RICHMOND 0 79,829 54,533 3,357 ROCHESTER 0 422,279 179,343 9,158 ROCKLAND 496,221 5,166,752 1,122,815 54,503 ROCKPORT 0 337,087 167,283 13,981 ROWE 0 14,090 960 151 ROWLEY 143,746 523,028 173,084 10,815 ROYALSTON 0 1,855 55,922 3,134 RUSSELL 0 0 90,160 6,706 RUTLAND 0 1,056,727 348,941 17,916 SALEM 4,151,021 3,769,025 1,635,310 114,961 Chap. 110 0611-5500 7061-0008 0611-5501 ADDITIONAL CHAPTER 70 LOTTERY MUNICIPAL MUNICH1 AL1TY ASSISTANCE SCHOOL AID DISTRIBUTION STABILIZATION SALISBURY 0 840,417 278,537 14,594 SANDISFIELD 0 0 15,126 653 SANDWICH 111,247 1,717,013 183,844 27,364 SAUGUS 2,245,040 1,808,959 946,943 65,897 SAVOY 17,367 172,161 47,344 2,195 SCITUATE 1,101,119 1,352,545 695,739 34,503 SEEKONK 0 1,870,512 580,475 30,324 SHARON 78,642 2,183,921 581,683 39,890 SHEFFIELD 15,023 0 98,729 5,528 SHELBURNE 0 0 130,057 6,665 SHERBORN 26,364 107,112 101,080 5,331 SHIRLEY 233,500 1,621,958 395,123 27,368 SHREWSBURY 376,077 2,751,083 1,024,322 66,175 SHUTESBURY 0 110,652 48,203 4,234 SOMERSET 0 1,701,636 594,944 40,488 SOMERVILLE 20,410,649 12,757,205 5,718,638 355,151 SOUTH HADLEY 25,437 3,385,475 1,139,762 66,984 SOUTHAMPTON 0 673,496 253,115 13,287 SOUTHBOROUGH 0 298,720 187,413 11,559 SOUTHBRIDGE 0 7,772,625 1,500,986 92,407 SOUTHWICK 0 0 523,634 27,155 SPENCER 0 90,620 940,801 53,212 SPRINGFIELD 2,302,181 105,365,762 13,482,158 852,457 STERLING 0 568,849 277,482 18,422 STOCKBRIDGE 0 235 52,537 2,945 STONEHAM 2,553,177 1,079,185 933,153 63,741 STOUGHTON 129,781 5,613,990 1,494,962 83,013 STOW 8,776 294,469 168,354 12,490 STURBRIDGE 0 520,951 264,277 20,604 SUDBURY 807,321 652,000 418,367 25,447 SUNDERLAND 0 398,312 192,803 11,750 SUTTON 0 1,445,489 336,754 16,519 SWAMPSCOTT 443,359 766,654 425,605 28,366 SWANSEA 0 3,215,256 945,344 45,333 TAUNTON 0 17,860,649 4,298,774 213,743 TEMPLETON 0 0 539,250 28,945 TEWKSBURY 0 5,526,043 1,278,271 78,045 Chap. 110 0611-5500 7061-0008 0611-5501 ADDITIONAL CHAPTER 70 LOTTERY MUNICIPAL MUNICIPALITY ASSISTANCE SCHOOL AID DISTRIBUTION STABILIZATION TISBURY 0 52,683 46,469 2,659 TOLLAND 12,413 0 2,218 151 TOPSFIELD 318,725 122,382 181,570 12,837 TOWNSEND 0 0 442,814 29,442 TRURO 0 21,173 13,112 677 TYNGSBOROUGH 0 1,598,475 291,568 25,128 TYRINGHAM 0 2,100 6,914 309 UPTON 0 0 233,094 11,732 UXBRIDGE 0 2,167,827 589,764 39,513 WAKEFIELD 1,809,635 2,237,316 1,072,165 64,240 WALES 0 342,895 93,706 5,165 WALPOLE 1,112,115 2,014,640 818,861 47,382 WALTHAM 6,869,270 3,237,026 2,485,099 145,675 WARE 19,199 3,097,132 743,067 40,931 WAREHAM 0 4,160,997 969,617 45,465 WARREN 0 0 305,218 18,755 WARWICK 36,354 0 29,976 2,256 WASHINGTON 29,889 0 30,735 1,814 WATERTOWN 53571,114 991,787 1,378,103 92,443 WAYLAND 352,813 894,947 327,396 19,397 WEBSTER 78,026 4,401,329 1,003,299 61,949 WELLESLEY 121,858 1,084,794 642,823 38,505 WELLFLEET 0 28,688 25,975 1,630 WENDELL 32,131 0 47,628 3,352 WENHAM 175,913 0 125,360 10,625 WEST BOYLSTON 85,259 708,011 297,479 13,851 WEST BRIDGEWATER 59,411 1,197,748 323,069 12,843 WEST BROOKFIELD 0 0 188,861 11,830 WEST NEWBURY 0 0 122,884 8,262 WEST SPRINGFIELD 0 5,815,291 1,473,874 78,509 WEST STOCKBRIDGE 0 0 51,476 2,507 WEST TISBURY 229,569 67,658 9,010 868 WESTBOROUGH 182,536 930,487 436,754 24,248 WESTFEELD 0 12,496,986 2,655,987 163,176 WESTFORD 1,126,887 1,520,167 550,929 36,153 WESTHAMPTON 0 62,560 54,809 3,487 WESTMINSTER 0 0 227,867 16,266 Chap. 110 0611-5500 7061-0008 0611-5501 ADDITIONAL CHAPTER 70 LOTTERY MUNICIPAL MUNICIPALITY ASSISTANCE SCHOOL AID ] DISTRIBUTION STABILIZATION WESTON 0 330,583 199,773 10,050 WESTPORT 0 1,998,011 667,687 28,433 WESTWOOD 45,632 792,125 327,259 20,158 WEYMOUTH 3,050,391 11,735,678 3,393,288 196,687 WHATELY 0 42,262 59,547 2,916 WHITMAN 0 0 988,918 50,605 WILBRAHAM 0 1,414,915 559,956 34,735 WILLIAMSBURG 0 232,720 142,815 8,545 WTLLIAMSTOWN 0 645,710 490,308 23,994 WILMINGTON 1,578,564 1,380,552 578,543 36,231 WINCHENDON 31,919 3,723,830 638,906 39,088 WINCHESTER 433,387 1,371,330 607,257 35,461 WINDSOR 35,260 579 22,160 1,709 WTNTHROP 2,878,558 2,613,088 1,211,633 66,769 WOBURN 4,513,710 1,871,847 1,431,980 81,817 WORCESTER 14,860,192 56,359,770 12,815,549 775,244 WORTHINGTON 0 0 43,738 2,615 WRENTHAM 0 1,063,321 420,760 27,742 YARMOUTH 0 0 430,102 34,230 REGIONAL SCHOOL ACTON-BOXBOROUGH 1,812,892 ADAMS-CHESHIRE 6,094,064 AMHERST-PELHAM 4,558,778 ASHBURNHAM-WESTMINSTER 4,911,202 ASHFIELD-PLAINFIELD 384,452 ASSABET VALLEY 2,539,164 ATHOL-ROYALSTON 8,594,449 BERKSHIRE HILLS 2,181,353 BERLIN-BOYLSTON 626,432 BLACKSTONE-MTLLVILLE 5,329,982 BLACKSTONE VALLEY 3,412,404 BLUE HILLS 2,956,232 BRIDGEWATER-RAYNHAM 2,955,538 BRISTOL COUNTY 1,194,295 BRISTOL-PLYMOUTH 3,500,684 Chap. 110 REGIONAL SCHOOL BUCKLAND-SHELBURNE 1,186,661 CAPE COD 1,544,411 CENTRAL BERKSHIRE 4,316,541 CHESTERFIELD-GOSHEN 312,925 CONCORD-CARLISLE 1,021,983 DENNIS-YARMOUTH 3,802,688 DIGHTON-REHOBOTH 6,874,848 DOVER-SHERBORN 705,452 DUDLEY-CHARLTON 8,174,529 ESSEX COUNTY 2,571,567 FARMINGTON RIVER 190,721 FRANKLIN COUNTY 1,639,205 FREETOWN-LAKE VILLE 3,620,488 FRONTIER 757,343 GATEWAY 4,143,607 GILL-MONTAGUE 4,051,828 GREATER FALL RIVER 5,488,523 GREATER LAWRENCE 7,746,629 GREATER LOWELL 9,703,199 GREATER NEW BEDFORD 9,540,245 GROTON-DUNSTABLE 2,472,583 HAMILTON-WENHAM 2,014,021 HAMPDEN-WILBRAHAM 1,946,851 HAMPSHIRE 1,293,690 HAWLEMONT 336,227 KING PHILIP 2,884,388 LINCOLN-SUDBURY 1,279,627 MARTHA'S VINEYARD 485,093 MASCONOMET 1,554,245 MENDON-UPTON 2,550,891 MINUTEMAN 2,092,203 MOHAWK TRAIL 1,532,879 MONTACHUSETT 4,865,353 MOUNT GREYLOCK 1,528,613 NARRAGANSETT 4,471,513 NASHOBA 895,964 NASHOBA VALLEY 1,735,872 NAUSET 1,219,451 Chap. 110 REGIONAL SCHOOL NEW SALEM-WENDELL 423,895 NORFOLK COUNTY 593,313 NORTH MIDDLESEX 10,087,260 NORTH SHORE 1,034,275 NORTHAMPTON-SMITH 734,192 NORTHBOROUGH-SOUTHBOROUGH 1,046,869 NORTHEAST METROPOLITAN 3,172,700 NORTHERN BERKSHIRE 1,878,360 OLD COLONY 1,810,816 OLD ROCHESTER 1,034,729 PATHFINDER 1,695,656 PENTUCKET 6,082,609 PIONEER VALLEY 1,838,911 QUABBIN 6,863,455 QUABOAG 4,422,504 RALPH C.MAHAR 2,414,562 SHAWSHEEN VALLEY 2,892,233 SILVER LAKE 5,989,255 SOUTH MIDDLESEX 2,112,596 SOUTH SHORE 1,444,323 SOUTHEASTERN 5,986,736 SOUTHERN BERKSHIRE 1,169,531 SOUTHERN WORCESTER 3,791,140 SOUTHWICK-TOLLAND 4,608,821 SPENCER-EAST BROOKFIELD 9,064,519 TANTASQUA 2,884,203 TRI COUNTY 2,091,909 TRITON 1,915,225 UPPER CAPE COD 1,159,362 WACHUSETT 3,006,629 WHITMAN-HANSON 12,117,867 WHITTIER 4,184,776 WORCESTER TRADE 5,962,473 Chap. 110 SECTION 4. The state treasurer shall make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, or regional school district that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by said secretary. SECTION 5. Notwithstanding the provisions of sections thirty-one of chapter eighty-one of the General Laws or any other special law to the contrary, the portion of the Highway Fund allocated for reimbursements to cities and towns for costs actually incurred in constructing, maintaining and policing city or town streets or roads, as appropriated in item 6005-0017 of section two of this act, shall be distributed in fiscal year nineteen hundred and ninety-four proportional to the fiscal year nineteen hundred and ninety-three distribution of said Highway Fund reimbursements. SECTION 6. All sums appropriated under the provisions of this act shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women, and handicapped persons. All officials and employees of any agency, board, or division of the commonwealth receiving monies under section two of this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth. Each agency, board, or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs, and all terms and conditions of employment. Such affirmative action program shall include any action necessary to guarantee equal opportunity for members of minority groups, women and handicapped persons. The secretary of administration and finance shall conduct an ongoing review of affirmative action steps taken by various agencies, boards, or divisions, to determine whether such agencies are complying with the intent of this section. Whenever such noncompliance is determined by the commissioner, he shall hold a public hearing on the matter and report his resulting recommendations to the head of the particular agency, board or division, to the governor, and to the Massachusetts commission against discrimination. SECTION 7. Notwithstanding the provisions of any general or special law to the contrary, the appropriations made by this act shall constitute complete satisfaction of all the financial obligations of the commonwealth for fiscal year nineteen hundred and ninety-four pursuant to chapter seventy-one of the acts of nineteen hundred and ninety-three. SECTION 8. If the commissioner of the department of social services determines that funds made available pursuant to items 4800-0016, 4800-0017, 4800-0030 and 4800-0041 of section two of this act are insufficient to fund the services for which said items may be expended, said commissioner may, after submitting such written determination and giving thirty days prior notice to the house and senate committees on ways and means and Chap. 110 the secretaries of administration and finance and health and human services, reallocate fifteen percent of the amount appropriated for each of said items among said items as deemed necessary in conformance with said notice. The department of social services shall file with house and senate committees on ways and means quarterly family-based services reports. Said reports shall indicate the number of clients of said department who have been transferred from the foster care and group care caseloads to family-based services provided by the department. Said reports shall be filed no later than fifteen days after the end of each quarter of the fiscal year beginning July first, nineteen hundred and ninety-three. SECTION 9. Notwithstanding the provisions of any general or special law to the contrary, if the department of social services receives non-tax revenues in excess of the estimated amount of non-tax revenue receipts for said department in section one B of this act, said department may retain and expend said excess revenues for the purposes of implementing the recommendations of the Special Commission on Foster Care; provided, however, that the department shall not expend said excess revenues until the General Court approves a supplemental budget request authorizing such expenditures. SECTION 10. Notwithstanding the provisions of any general or special law to the contrary, any agency, department, division, or commission within the executive office of consumer affairs and business regulation which is authorized to assess a regulated entity for the cost of the operation and general administration of such agency, department, division or commission shall add to such assessment so much of the operating costs of said executive office as are attributable to said agency, department, division or commission. SECTION 11. The group insurance commission is hereby directed to develop a rational and equitable chargeback plan, which takes into account true health insurance costs per employee, to replace the system of agency chargebacks most recently in use. The commission is shall examine the possibility of developing incentives, either as part of said chargeback plan or otherwise, to encourage employees to enroll in more cost-effective health insurance plans. The commission shall submit a report of its plan, as well as draft legislation to implement such plan, if necessary, to the house and senate committees on ways and means, and to the secretary of administration and finance, no later than October thirty-first, nineteen hundred and ninety-three. SECTION 12. The secretary of administration and finance shall annually on or before February first submit to the house and senate committees on ways and means the following information for each state authority as defined by section one of chapter twenty-nine of the General Laws and for each regional transit authority which has debt authorized, but unissued, or currently outstanding, whether or not such state or regional transit authority receives a periodic appropriation from the commonwealth: (1) a statement of authorized, but unissued, and currently outstanding bonds and notes of the authority as of the end of the preceding state fiscal year; (2) an estimate of the amounts of said bonds and notes to be authorized, but unissued and currently outstanding at the end of the current state Chap. 110 fiscal year; and (3) an estimate of the amount of said bonds and notes, including the amounts to be sold, retired, or refinanced, at the end of the subsequent state fiscal year; and (4) a summary, by sources, of revenues to finance said bonds and notes including any dedicated funding or any other financial assistance from the commonwealth, including but not limited to guarantees, contract assistance, or other such assistance. Notwithstanding the provisions of any general or special law to the contrary, every chief executive officer of each such state or regional transit authority is hereby authorized and directed to provide the necessary information to the secretary of administration and finance to ensure his timely compliance with the provisions of this section. SECTION 13. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to charge all agencies for the commonwealth's share of the health insurance costs incurred on behalf of any employees of that agency who are on leave of absence for a period of more than one year. The amounts received in payment for such charges shall be credited to the General Fund. SECTION 14. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to charge agencies as hereinafter provided for workers' compensation costs incurred on behalf of the employees of said agencies. The commissioner of the division of public employee retirement administration shall notify agencies within ten days of the effective date of this act as to the change in calculation of workers' compensation chargebacks from fiscal year nineteen hundred and ninety-four. The commissioner of the division of public employee retirement administration shall notify agencies not later than fourteen days after the effective date of this act as to the amount of their estimated workers' compensation costs for the fiscal year beginning July first, nineteen hundred and ninety-four, and shall require all agencies to encumber funds that are sufficient to meet the estimated annual charges. The estimated workers' compensation costs for each agency shall be not less than the amount of the actual workers' compensation costs incurred by said agency during the fiscal year ending June thirtieth, nineteen hundred and ninety-three and may include such additional sums as are deemed necessary by regulations promulgated pursuant to this section. Said commissioner shall revise the estimated workers' compensation costs for each agency on the first day of each quarter of the fiscal year commencing July first, nineteen hundred and ninety-four. Within thirty days after the effective date of this act, for any agency that fails to encumber funds sufficient to meet the annual estimated charges, the comptroller is hereby authorized and directed to encumber funds that are sufficient to meet the annual charges on behalf of such agency. The comptroller shall charge each agency's workers' compensation costs to the agency's appropriation amount and shall transfer said amount to item 1108-6201 of section two of this act for the purposes of workers' compensation paid to public employees for any costs incurred during the fiscal year. The division of public employee retirement administration may expend an amount so collected for all agencies under this section not to Chap. 110 exceed seventy-two million four hundred and ninety-nine thousand and seventy-nine dollars, to pay for hospital, physician, benefits, and other costs without further appropriation. By not later than fourteen days after the effective date of this act, and on the first day of each succeeding quarter during the fiscal year, the division of public employee retirement administration shall bill agencies for twenty-five percent of said agency's annual estimated workers' compensation costs. Each agency shall be credited or billed for any differences between the previous quarter's estimated costs and actual costs incurred by said agency. The commissioner of the division of public employee retirement administration is authorized to establish regulations and procedures to implement this section; provided, however, that all regulations and procedures to further implement this section and amendments thereto shall be filed with the house and senate committees on ways and means prior to implementation. Said secretary shall file a quarterly report, which shall include the annual estimated charge, and the quarterly actual charge, and explanations for any unpaid charges with the house and senate committees on ways and means. SECTION 15. Notwithstanding the provisions of any general or special law to the contrary, no funds of the state employees' retirement system, the state teachers' retirement system, or the Pension Reserves Investment Trust Fund shall be loaned or pledged to the commonwealth, or used for the purchase of any bond, note or other obligation of the commonwealth without the prior approval of the investment committee established under paragraph (a) of subdivision (1) of section twenty-three of chapter thirty-two of the General Laws or of the pension reserves investment management board, as applicable, and the prior written notification of the house and senate committees on ways and means; provided, that the requirements of this section shall be in addition to and not in lieu of any other requirements established under any general or special law for the investment and use of such funds, and shall not be construed to affect any other obligations of said systems or said fund. SECTION 16. The secretary of communities and development is hereby authorized and directed to expend funds appropriated in item 3100-0200 of section two of this act to develop and implement a program of competitive municipal management grants designed to promote economy, efficiency and effectiveness in the delivery of local services by cities and towns. Such a program shall include, but not be limited to, an emphasis on sound fiscal management, innovative programs, service cost savings, regionalization, privatization, shared services, collaborative purchasing and professional management, including equipment and hardware; provided, however, that the program guidelines and selection criteria shall allow all thirteen of the commonwealth's designated regional planning agencies the right to directly apply for municipal incentive grants inasmuch as said agencies are, by definition, composed of local governments; provided, further, that the secretary may allow the Southeastern Massachusetts Partnership or any other collaborative established pursuant to law comprising two or more municipalities to participate in the program authorized by this section; provided, further, that the secretary shall monitor the expenditure of grant funds by said agencies to ensure the compliance by each agency with its plan of activities and shall withdraw approval of any grant to a regional planning agency found not to be in compliance Chap. 110 with its plan of activities; provided, further, that said grants may provide funding for feasibility studies, planning, personnel or project start-up costs, building capacity, program operation and information transfer; provided, further, that nothing in these provisions shall prohibit an individual city or town from applying or competing for municipal incentive grants; and provided, further, that funds appropriated in said item may be provided in advance. SECTION 17. Notwithstanding the provisions of any general or special law to the contrary, operating expenditures of the Massachusetts Bay Transportation Authority and for each transportation area and regional transportation authority for the fiscal year ending June thirtieth, nineteen hundred and ninety-four shall not exceed one hundred and three percent of their operating expenditures for the fiscal year ending June thirtieth, nineteen hundred and ninety-three. SECTION 18. Notwithstanding the provisions of any general or special law to the contrary, all funds from item 8910-0000 of section two of this act shall be distributed quarterly to county sheriffs in amounts to be determined by the county government finance review board, after consultation with the executive office iof public safety and the Massachusetts sheriffs' association. On or before July thirty-first, nineteen hundred and ninety-three, each county sheriff shall submit to the county government finance review board, the executive office of public safety, and the house and senate committees on ways and means a fiscal year nineteen hundred and ninety-four interim spending plan. The county government finance review board shall prescribe the format of said spending plan. Each county sheriff shall submit such expenditure reports as the county government finance review board may request and in the format which the county government finance review board may prescribe. On or before November fifteenth, nineteen hundred and ninety-three, the county government finance review board, after consultation with the executive office of public safety and the Massachusetts sheriffs' association, shall issue a revised distribution plan for the final two quarters of fiscal year nineteen-hundred and ninety-four, and shall use said plan to make all subsequent quarterly distributions. The board shall transmit a copy of said plan to each sheriff. The board shall file a copy of said plan with the house and senate committees on ways and means. Said plan shall take effect if approved by the house committee on ways and means. On or before December thirty-first, nineteen hundred and ninety-three, each county sheriff shall submit a final spending plan to the county government finance review board, detailing steps necessary to restrict spending to the level contained in the distribution plan. Said final spending plans shall be submitted in the format prescribed by the county government finance review board; provided, that copies shall also be sent to the house and senate committees on ways and means and the executive office of public safety. Failure by a county sheriff to comply with any provision of this section shall result in a reduction of subsequent quarterly payments to amounts consistent with a rate of expenditure of ninety-five percent of the rate of expenditure for fiscal year nineteen hundred and ninety- Chap. 110 three, as determined by the county government finance review board. The county government finance review board, after consultation with the executive office of public safety, shall develop, or select a qualified vendor to conduct, a staffing analysis of each county correctional system, to be paid for from item 8910-0000 in section two of this act. Such study shall determine the most cost effective staffing plan for each facility, as well as the minimum staffing required to safely operate the facility. The county government finance review board, the executive office of public safety and the Massachusetts sheriffs' association shall jointly oversee the progress of the staffing analysis. Funds distributed pursuant to line item 8910-0000 of section two of this act and to this section shall be paid to the treasurer of each county who shall place said funds in a separate account within the treasury of each county. The treasurer shall authorize temporary transfers into this account for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the state under said item. Upon receipt of the state distribution, the treasurer shall be authorized to transfer out of said account an amount equal to funds advanced. All funds deposited in said accounts and any interest accruing thereto shall be used solely for the functions of the sheriffs' departments of the various counties, including, but not limited to, maintenance and operation of jails and houses of correction. The sheriffs department of each county shall reimburse the county treasurer of each county for personnel-related expenses, with the exception of salaries, attributable to the operations of the sheriffs department of each county heretofore paid by the county, including, but not limited to, the cost of employee benefits. SECTION 19. Each county shall expend during the fiscal year for the operation of the sheriffs department, in addition to the amount distributed to it from item 8910-0000 in section two of this act, not less than one hundred and two and one-half percent of the amount expended in fiscal year nineteen hundred and ninety-three for such purposes from own-source revenues including, but not limited to, amounts levied pursuant to sections thirty and thirty-one of chapter thirty-five of the General Laws and amounts provided pursuant to sections eleven to thirteen, inclusive, of chapter sixty-four D of the General Laws. For purposes of this calculation, the amount expended in fiscal year nineteen hundred and ninety-three shall not include personnel-related expenses other than salaries. Notwithstanding the provisions of any general or special law to the contrary, the deputy commissioner of revenue for local services shall certify on or before May fifteenth, nineteen hundred and ninety-four, that all municipalities have appropriated and transferred to their respective county treasuries not less than one hundred and two and one-half percent of the municipality's prior year obligations for county corrections. If any municipality fails to transfer said obligation, said deputy commissioner is hereby authorized and directed to withhold an amount equal to the shortfall in the obligation due to the county from said municipality's fourth quarter local aid cherry sheet distribution, so called, from item 0611-5500 of section two and from funds made available in section three. In fiscal year nineteen hundred and ninety-four, notwithstanding the provisions of section twenty A of chapter fifty-nine of the General Laws, any county except Suffolk and Chap. 110 Nantucket may increase its county tax for said fiscal year by an additional amount if the total amount of such additional county tax is approved by two-thirds of the cities and towns in the county, in towns by a majority vote of the town meeting or town council, and in cities by a majority vote of the city council or board of aldermen, with the approval of the mayor or manager. The commissioner of revenue is authorized to adjust the assessment limit of any county under section twenty A of chapter fifty-nine of the General Laws by the amount by which the sum of the county's expenditures for the operations of the sheriffs department in fiscal nineteen hundred and ninety-three and one hundred and two and one-half percent of the county's fiscal nineteen hundred and ninety-three assessment limit exceeds the sum of its distribution from this line item in fiscal nineteen hundred and ninety-four and its otherwise applicable fiscal nineteen hundred and ninety-four assessment limit. The county treasurer is hereby authorized and directed, not later than March thirty-first, nineteen hundred and ninety-four, to transfer amounts expended pursuant to this section from the general treasury of the county into an account established for the purpose of receiving said funds. The dollar amount of such transfer shall be approved by the county government finance review board. On or before August first, nineteen hundred and ninety-three, the county treasurer shall notify and request the approval of the county government finance review board of the dollar amount to be so transferred. The county government finance review board shall certify to the county treasurer the amount so approved. The county government finance review board is authorized to determine and certify to the county treasurer the amount of such transfer should the notification and request not be received on or before August first, nineteen hundred and ninety-three. The county treasurer is further authorized and directed to transfer corrections deeds excise funds and county correction fund grants into said account. SECTION 20. Notwithstanding the provisions of any general or special law to the contrary, funds appropriated in item 1231-1000 in section two of this act to the Commonwealth Sewer Rate Relief Fund shall be available to mitigate sewer rate increases due to debt service obligations created by issuing eligible indebtedness. Eligible indebtedness shall be defined as debt issued after January first, nineteen hundred and ninety-two which has a final date of maturity greater than five years after the date of issuance and is incurred, wholly or in substantial part, to finance or refinance the costs of planning, design or construction of any water pollution abatement project, or part thereof required to be constructed to meet the provisions of the Federal Clean Water Act, 33 USC, Sees. 1251, et seq., and sections twenty-six to fifty-three, inclusive, of chapter twenty-one of the General Laws, or any wastewater collection or transportation project related thereto; provided, that eligible indebtedness shall not include any portion of indebtedness for which the issuer has or will receive assistance provided from other revenue sources including, but not limited to, federal grants and loan agreements provided under the provisions of said chapter two hundred and seventy-five, as most recently amended by chapter two hundred and three of the acts of nineteen hundred and ninety-two; provided further, that no issuer, which shall be defined as any city, town, district, commission, agency, authority, board, or Chap. 110 other instrumentality of the commonwealth or any of its political subdivisions, which are responsible for the ownership or operation of wastewater treatment projects and are authorized to finance all or any part of the cost through the issue of eligible indebtedness, shall receive relief authorized herein in excess of twenty percent of its annual debt service obligations due to eligible indebtedness. The division of local services of the department of revenue, in consultation with the department of environmental protection, shall develop guidelines to certify an issuer's eligible indebtedness and shall create a process to equitably distribute funds to eligible issuers, in order to mitigate extraordinary increases in sewer costs; provided, that funds appropriated to the Commonwealth Sewer Rate Relief Fund by item 1231-1000 of section two of this act shall be disbursed to eligible issuers under the terms of this section on or before December thirty-first, nineteen hundred ninety-three. Said appropriation of thirty million dollars shall be repeated in each fiscal year. SECTION 21. Notwithstanding the provisions of any general or special to the contrary, during the fiscal year ending June thirtieth, nineteen hundred and ninety-four, the department of environmental protection is hereby authorized to expend a sum not more than five million three hundred and thirty seven thousand nine hundred and forty-one dollars from the Water Pollution Abatement Projects Administration Fund solely for the administration of the provisions of section twenty-seven A of chapter twenty-one of the General Laws. SECTION 22. Notwithstanding the provisions of any general or special law to the contrary, each district attorney shall file with the attorney general detailed reports on the operation of the domestic violence unit within his office. Said reports shall include, but not be limited to, prosecution of domestic violence offenders, training of law enforcement personnel in the handling of domestic violence cases, cooperation with other public and private domestic violence service providers, provision of counseling or therapy for both victims of domestic violence and domestic violence offenders and allocation of resources and personnel within such domestic violence units. Said reports shall be filed on December first, nineteen hundred and ninety-three, April fifteenth, nineteen hundred and ninety-four and a final report on June first, nineteen hundred and ninety-four. On June fifteenth, nineteen hundred and ninety-four, the attorney general shall file a report detailing a model domestic violence prosecution unit incorporating those features of each district attorney's domestic violence unit which said district attorney reports have shown to be the most successful. Said attorney general report shall be filed with the joint committee on criminal justice and the house and senate committees on ways and means. SECTION 23. There is hereby established on the books of the commonwealth a fund to be known as the Asbestos Cost Recovery Fund. Notwithstanding any general or special law to the contrary, all sums awarded or received by the commonwealth, after the payment of fees and expenses, as a result of settlement, trial, or judgment from Commonwealth of Massachusetts v. Owens Corning Fiberglass, et al., Suffolk Superior Court No. 90-3791-A, or received as payments by the commonwealth on account of the bankruptcy of any manufacturer, seller or distributor of asbestos containing materials in any Chap. 110 building that the commonwealth owns, operates or has a property interest in shall be segregated and held in such trust. The division of capital planning and operations shall develop a plan for the orderly expenditure of such sums as are received by the Asbestos Cost Recovery Fund for the purposes of operations and maintenance, encapsulation and removal of asbestos. The plan, which shall be subject to revision as necessary, shall contain provisions for emergencies, the short term and long term control of asbestos in buildings that the commonwealth owns, operates or has a property interest in, and the removal and disposition of asbestos containing materials located in such buildings. Any funds deposited in said fund shall not revert at any time to the General Fund, but shall remain available for the purposes provided herein. Any funds deposited as described above shall be expended by the division of capital planning and operations, subject to appropriation, consistent with the purposes of this section. SECTION 24. Notwithstanding the provisions of section forty-four A of chapter one hundred and forty-nine of the General Laws, the commissioner of the division of capital planning and operations is hereby authorized, during fiscal year nineteen hundred and ninety-four, to solicit proposals for and award contracts to the lowest bidder demonstrably possessing the skill, ability, and integrity necessary to perform faithfully energy management services at buildings owned by state agencies or building authorities; provided, however, that such awards shall be made pursuant to the provisions of section twenty A of chapter nine, and sections forty-four D and forty-four J of chapter one hundred and forty-nine of the General Laws; and provided further, that any invitation to bid on such energy conservation contracts, as authorized in this section, shall be filed with the division of energy resources at least fourteen days prior to the publication of any notice of such invitations to bid; and, provided further, that upon receipt of such invitations to bid the division shall post such invitations in a conspicuous manner for inspection by all interested parties. Such contracts shall be subject to appropriation and may include terms of ten years or less, provisions allocating between the parties any cost savings attributable to a reduction in energy and water consumption due to the contractor's performance or revenues gained due to contractor's services which are aimed at energy and water cost savings, and authorization for the contractor, subject to the approval of said commissioner, to undertake various repairs and modifications to the mechanical systems of said buildings. Energy management contracts that include cogeneration projects shall include terms of twenty years or less. The commissioner may delegate to state agencies and building authorities the authority to enter into such agreements with an estimated construction cost of less than two hundred thousand dollars. Such delegation shall be in writing from the commissioner to the requesting agency or building authority. Notwithstanding the provisions of sections forty-four A to forty-four H, inclusive, of chapter one hundred and forty-nine of the General Laws, cities, towns, local housing authorities, and counties are hereby authorized, during fiscal year nineteen hundred and ninety-four, to award contracts for the purchase of energy management services to the bidder demonstrably possessing the skill, ability, and integrity to perform faithfully such services Chap. 110 on the terms most favorable to the awarding authority; provided, that such awards shall be made after (i) public advertising for proposals, at least fourteen days before the date specified for the submission of proposals, in at least one newspaper, if any, published in the town, city or county and in the central register published by the state secretary pursuant to section twenty A of chapter nine of the General Laws and (ii) prompt publication of the successful bidder. Contracts awarded under this paragraph may include provisions allocating between the parties any cost savings attributable to a reduction in energy consumption due to the contractor's performance. Any invitation to bid on such energy conservation contracts offered by any city, town, housing authority, or county shall be filed with the division of energy resources at least sixty days prior to the publication of any notice of such invitations to bid; and, provided further, that upon receipt of such invitations to bid the division shall post such invitations in a conspicuous manner for inspection by all interested parties. For the purposes of this section, the term "energy management services" shall include, but not be limited to, energy audits, energy conservation measures, and energy conservation projects as defined by section three of chapter twenty-five A of the General Laws, as well as building maintenance and financing services designed to decrease the cost of energy and water in operating said buildings. SECTION 25. The commissioner of the division of capital planning and operations is hereby authorized and directed to develop a project accounting system for all pool accounts including, but not limited to, asbestos, handicapped access, demolition, fire protection improvement, environmental hazards, air pollution, energy, preventive maintenance, waste water treatment and toxic waste clean up. Said project accounting system shall be utilized to assess charges for all project related costs including, but not limited to, administrative overhead. The commissioner may, in accordance with schedules approved by the secretary of administration and finance, employ or reassign employees of the division to said project as may be required; provided, that the salaries and administrative expenses shall be charged to the accounts funding the project. Said charges shall not exceed seven percent of the following appropriation accounts: 1100-1561, 1102-7881, 1102-7882, 1102-7885, 1102-7886, 1102-7887, 1102-7890, 1102-7893, 1102-7894, 1102-7895, 1102-7896, 1102-7897, 1102-7898, 1102-8869, 1102-8880, 1102-8890, 1102-8891, 1102-8892, 1102-8893, 1102-8895 and 1102-8899. SECTION 26. In accordance with the provisions of section forty G of chapter seven of the General Laws, the commissioner of capital planning and operations is hereby authorized to include an escalator clause in state agency leases of space entered into between July first, nineteen hundred and ninety-three and June thirtieth, nineteen hundred and ninety-four; provided, that the maximum escalation rate shall not exceed limits to be established in regulations promulgated by the commissioner. The commissioner shall file with the house and senate committees on ways and means any regulations adopted pursuant to this section and any amendments thereto, immediately upon their adoption, and shall report quarterly to said committees on any leases entered into subject to the provisions of Chap. 110 this section and the maximum escalation rate pertaining thereto. SECTION 27. Notwithstanding the provisions of any general or special law to the contrary the comptroller is hereby authorized and directed to submit to the house and senate committees on ways and means, on or before November second, nineteen hundred and ninety-three a detailed actual end-of-year expenditure and revenue histories, by line item, by subsidiary, for the fiscal years nineteen hundred and eighty-eight through nineteen hundred and ninety-three. Said expenditure and revenue histories may be transmitted to said committees by electronic media. SECTION 28. Notwithstanding the provisions of section twenty A of chapter fifty-nine of the General Laws or any other general or special law to the contrary, the state treasurer shall assess the members of any mosquito control district up to one hundred percent of the amount appropriated during fiscal year nineteen hundred and ninety-four for expenditures on behalf of said district and for the cost of the state reclamation board. SECTION 29. Each member of the general court shall be paid an allowance for each day after prorogation of the general court when on legislative business affairs at the state house in accordance with the schedule contained in section nine B of chapter three of the General Laws. SECTION 30. The department of social services, in conjunction with the appropriate collective bargaining agent, shall develop a system for prioritizing cases to ensure that individual social workers shall meet the caseload standards recommended by the Governor's special commission on foster care. The system of prioritizing cases shall be reported to the legislature no later than December thirty-first, nineteen hundred ninety-three. The number of social workers with caseloads over the numbers recommended by the Governor's special commission on foster care shall also be reported to the legislature on a quarterly basis. SECTION 31. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of the department of social services is hereby authorized and directed to develop and implement a sliding fee for the provision of all out of home placement services, including foster care, funded by the department. Said fees shall be imposed solely upon voluntary placements. Fees charged under said sliding schedule shall be based on the financial circumstances of parents of the child in placement, including but not limited to, income, assets, and liabilities. The department shall provide affected parents at least thirty days notice of an impending fee charge before implementation of said sliding fee schedule. No such fees shall be charged to individuals and families whose incomes are at or below one hundred and fifty percent of the federal poverty level. The commissioner may authorize a waiver or an adjustment of said sliding fee copayment if the commissioner determines that the imposition of said fee would create a financial hardship due to recent disaster or extraordinary medical or other expenses. Said commissioner shall file a schedule of all fees, including an estimate of new revenues resulting therefrom, with the house and senate committees on ways and means no later than March fifteenth, nineteen hundred and ninety-four. Chap. 110 SECTION 32. Notwithstanding the provisions of section three of chapter six B of the General Laws or any other general or special law to the contrary, no acute hospital shall deny access to care and services to recipients of the healthy start program established by section twenty-four D of chapter one hundred and eleven of the General Laws; provided, that such recipients shall be exempt from any collection action, preadmissions deposit or any other form of billing or collection procedures arising from treatment by an acute care hospital provided under the healthy start program; provided further, that a healthy start card will constitute sole verification of application and eligibility for free care for inpatient hospital services. SECTION 33. Notwithstanding any general or special law to the contrary, the department of medical security is hereby authorized and directed to transfer one million dollars to the Bay State Skills Corporation from the labor shortage fund established in section eighty-three of chapter twenty-three of the Acts of nineteen hundred and eighty-eight; provided, however, that said amount is available in said fund. The commissioner shall transfer funds to said corporation on or before August first, nineteen hundred and ninety-three. SECTION 34. Notwithstanding the provisions of any general or special law to the contrary, the amount appropriated in item 0612-2000 of section two of this act is available to fulfill certain pension obligations of the commonwealth pursuant to chapters seven hundred and twelve and seven hundred and twenty-one of the acts of nineteen hundred and eighty-one, chapter one hundred and fifty-four of the acts of nineteen hundred and eighty-three, chapter sixty-seven of the acts of nineteen hundred and eighty-eight, and chapter six hundred and twenty-one of the acts of nineteen hundred and eighty-nine; for the compensation of veterans who may be retired by the state board of retirement, including individuals formerly in the service of the division of employment security whose compensation for such service was paid in full from a grant from the federal government, and for the cost of medical examinations in connection therewith; and for pensions of retired judges or their widows; for retirement, allowances of certain employees formerly in the service of the metropolitan district commission; for retirement allowances of certain veterans and police officers formerly in the service of the metropolitan sewage district; for retirement allowances of certain veterans formerly in the service of the metropolitan water system; and, for annuities of the uniformed branch of the state police. SECTION 35. The estimated cost of fringe benefits and indirect costs associated with the operation of training facilities and curriculum for fire fighting personnel of the Massachusetts fire fighting academy shall be paid to the commonwealth by insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated within the commonwealth within thirty days after notice from the commissioner of public safety of such estimated expenses; provided, however, that said costs shall be apportioned according to the provisions set forth in section one hundred and ninety-five of chapter one hundred and seventy-five of the General Laws. SECTION 36. Notwithstanding the provisions of any general or special law to the Chap. 110 contrary, expenses incurred by the residential conservation service program within the division of energy resources, up to a maximum of one hundred eighty-eight thousand and forty-seven dollars, plus indirect costs as determined by the secretary of administration and finance and the cost of fringe benefits as calculated by said secretary pursuant to section six B of chapter twenty-nine of the General Laws, shall be assessed upon utility companies in accordance with the provisions of chapter twenty-five A of the General Laws. SECTION 37. Notwithstanding the provisions of any general or special law to the contrary, the funds appropriated in item 5011-0200 shall be available for expenditure only when the following conditions are met: (a) On or before November first, nineteen hundred and ninety-three, the department of mental health shall file a financial plan with the clerk of the house of representatives and the clerk of the senate that details by line item, by subsidiary, by program and by facility, year-to-date actual and projected expenditures for the first two quarters of fiscal year nineteen hundred and ninety-four. Said plan shall include, but not be limited to, personnel schedules for each such item, program and facility showing the weekly compensation amount, position title, functional title, step level and full-time status for each employee; an organizational chart for each administrative office, program and facility; actual and projected subsidiary transfers, including documentation substantiating the necessity of such transfers; client caseload for each purchase of service contract, program and facility; actual and projected expenditures and units of service for each purchase of service contract; actual and projected expenditures by facility, including lower subsidiary spending by object code; actual and projected revenues by line item, program and facility; and an explanation of any actions taken to restructure, reorganize or otherwise alter administrative accounts, programs and facility operations which have an impact on the appropriations for said department in section two. Said report shall describe any savings or increases in expenditures which in the opinion of the commissioner of the department are necessary to maintain the level of services provided for by the appropriations in section two. Said plan shall be accompanied by a report on projects to maximize efficiency in billing processes and to coordinate revenue collections and accounting between facilities, area offices, and the central office. (b) Said plan shall further report on projected expenditures, personnel, caseload and contracts by line item, subsidiary, program and facility for the third and fourth quarters of fiscal year nineteen hundred and ninety-four, including, but not limited to, the information required to be detailed in paragraph one. (c) Said clerks shall forward said plan to the house and senate committees on ways and means. Said committees shall report, on or before December fifteenth, nineteen hundred and ninety-three, whether said plan complies with the provisions of paragraphs (a) and (b) and with a recommendation to the general court to approve or reject said plan by a majority vote. The secretary of administration and finance is hereby authorized and directed to appoint a receiver for the department of mental health in the event that said committees certify to said secretary that the department has not filed said report pursuant to the provi- Chap. 110 sions of paragraphs (a) and (b), or the general court rejects said plan. No funds shall be expended from item 5011-0200 until said appointment is made by said secretary; provided, that in the event that the general court fails to act on said financial plan on or before January first, nineteen hundred and ninety-four, one-sixth allotments shall be provided to the department for each remaining month of the fiscal year, or until the general court acts upon said plan. Said receiver shall be appointed to a term not exceeding one year and shall have duties and powers as assigned by the secretary, subject to the following: (1) Said secretary shall submit to the general court a description of the powers and duties assigned to said receiver by January nineteenth, nineteen hundred and ninety-four. (2) Said receiver shall assume the duties and responsibilities of the chief executive officer and commissioner of the department, whose powers shall supersede those of the existing commissioner, and shall be responsible for the overall operation and administration of said department. (3) Said receiver shall be responsible for developing an administrative restructuring plan to be submitted to the general court, for approval, prior to implementation. Said plan shall not reduce direct care client services below the level provided for in this act. In the event that said receiver determines the need for the restructuring of the department service delivery system, including the transfer of clients, said recommendation shall be submitted to the general court with said administrative restructuring plan. Said plan shall be submitted prior to the expiration of said receiver's term (4) Said receiver shall report quarterly to the house and senate committees on ways and means on all activities undertaken by said receiver. SECTION 38. Notwithstanding the provisions of any general or special law to the contrary, in order to meet the estimated costs of employee fringe benefits provided by the commonwealth on account of employees of the Massachusetts State College Building Authority, the University of Lowell Building Authority, the University of Massachusetts Building Authority and the Southeastern Massachusetts University Building Authority, and in order to meet the estimated cost of heat, light, power and other services, if any, to be furnished by the commonwealth to projects of the Massachusetts State College Building Authority and the University of Lowell Building Authority, the boards of trustees of the state colleges and the University of Massachusetts shall transfer to the General Fund from the funds received from the operation of said projects such costs, if any, as will be incurred by the commonwealth for the aforesaid purposes in the current fiscal year, as determined by the appropriate building authority, verified by the chancellor of higher education, and approved by the secretary of education, and the secretary of administration and finance. SECTION 39. Section 9 of chapter 3 of the General Laws, as amended by section 3 of chapter 50 of the acts of 1993, is hereby further amended by striking out the fifth and sixth sentences and inserting in place thereof the following two sentences:- The assistant floor leader of each of the major political parties in the senate and the assistant floor leader of each of the major political parties in the house of representatives, and the second assistant floor Chap. 110 leaders of each of the major political parties in the senate and house of representatives, the third assistant floor leader of the minority party in the senate and house of representatives, the vice chairman of the house committee on ways and means and the vice chairman of the senate committee on ways and means and the ranking minority members of the house and senate committees on ways and means, the senate chairman and the house chairman of the committee on post audit and oversight, the senate chairman and the house chairman of the committee on taxation, the senate chairman and house chairman of the committee on science and technology shall each receive forty-five thousand dollars. Other chairmen of committees of the house of representatives and the senate established by the joint rules or the house or senate rules, and the house vice chairman of the committee on post audit and oversight, the assistant vice chairman of the senate committee on ways and means and the assistant vice chairman of the house committee on ways and means and the vice chairman of the house committee on taxation shall each receive thirty-seven thousand five hundred dollars; provided, however, that no chairman who serves as chairman of more than one such committee shall receive more than the compensation established for a chairman of one of any such committees. SECTION 40. Sections twenty-two to twenty-five, inclusive, of chapter six of the General Laws are hereby repealed. SECTION 41. Section 129 of chapter 6 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in lines 8 to 10, the words ", and with the Library of Congress and the United States Department of Health and Human Services or its successors relative to the administration of the program of talking books". SECTION 42. Said section 129 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 11 and 12, the words "the aforementioned purposes" and inserting in place thereof the following:- such purpose. SECTION 43. The last paragraph of section 165A of said chapter 6, as so appearing, is hereby amended by adding the following sentence:- Said trust fund may also be used to collect funds intended as compensation for services rendered by said academy, including but not limited to costs for administration, personnel, overtime and fringe benefits, from any governmental unit, public or private agency, institution, person, firm, or corporation. SECTION 44. The fourth paragraph of section 183 of said chapter 6, as so appearing is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Such estimated and actual costs shall include an amount equal to indirect costs as determined by the commissioner of administration and finance and shall also include the cost of fringe benefits as established by the commissioner of administration and finance. SECTION 45. Section 16 of chapter 6A of the General Laws, as so appearing, is hereby amended by striking out, in lines 25 and 26, the words "; the commissioner of veterans' services". SECTION 46. Subsection (a) of section 18D of said chapter 6 A, as so appearing, Chap. 110 is hereby amended by inserting after the first sentence the following sentence:- Any municipality that establishes, staffs, and operates a public safety answering point in conjunction with one or more other municipalities shall receive the same amount of financial assistance it would have received if it established, staffed and operated such answering point independently. SECTION 47. Said chapter 6A, as appearing in the 1990 Official Edition, is hereby further amended by adding the following section-Section 103. The Commission shall require hospitals, physicians and other providers of general health supplies, care, social, rehabilitative or educational services and accommodations, and health maintenance organizations as defined in chapter one hundred seventy-six G to report appropriate data including, but not limited to, provider identification, provider charges for services, actual payments for services, payer identification and measures which differentiate between severity of illnesses, mortality rates, rates of infection, morbidity rates, readmission rates, and incidence of post-discharge professional care, to enable purchasers of group health insurance policies and health care services to make meaningful financial and quality care comparisons. The commission shall consult with interested parties in developing methodologies for collecting data pursuant to this section and plans for its use and dissemination. Subject to the provisions clause (c) of section two of chapter sixty-six A, information collected by the commission pursuant to this section shall be made available in the form of reports derived from raw data or through computer-to-computer access. All personal data shall be maintained with the physical safeguards enumerated in said chapter. SECTION 48. Section 3B of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after the word "increase", in lines 63, 64 and 66, in each instance, the following words:- or decrease. SECTION 49. Section 4G of said chapter 7 as so appearing, is hereby amended by striking out, in lines 8 and 9, the words "low level radioactive waste management board" and inserting in place thereof the words:- department of veterans' services. SECTION 50. Said chapter 7 is hereby further amended by inserting after section 4L the following three sections:- Section 4M. There shall be within the executive office for administration and finance a department of veterans' services under the supervision and control of a commissioner of veterans' services, who shall be appointed by the secretary of administration and finance, with the approval of the governor, and who shall serve at the pleasure of the secretary and may be removed by the secretary at any time subject to the approval of the governor. This position shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty. The commissioner shall devote his full time during business hours to the duties of his office. He shall be the state agent for the settlement of pension, bounty, back pay, compensation and other claims of citizens of the commonwealth against the government of the United States, or any state thereof, on account of military or naval service, and he shall assist and advise Chap. 110 war veterans, and their dependents, heirs or legal representatives, with respect to the filing, prosecution and settlement of such claims. Section 4N. The commissioner shall be allowed his traveling expenses when necessary for him to visit the city of Washington, and may expend for such purpose and for all other expenses necessary for the proper performance of his duties such sums as are annually appropriated therefor. Section 4 O. The commissioner of veterans' services, with the approval of the secretary of administration and finance, shall appoint and may remove a deputy commissioner of veterans' services who shall devote his full time during business hours to the duties of his office. Said deputy commissioner shall be subject to the direction and control of said commissioner. Said deputy commissioner, shall perform the duties of said commissioner during his absence on account of disability or other case. SECTION 51. Said chapter 7 of the General Laws is hereby further amended by inserting after section 9 the following section:- Section 9A. The secretary of administration and finance shall promulgate regulations governing the use of state passenger vehicles and light duty pickup trucks. Said regulations shall be aimed at proscribing the purchase or lease of such passenger vehicles and light duty pickups unless documentary evidence available prior to any such purchase or lease indicates that the passenger vehicle or light duty pickup will likely be driven, by the assigned employee or department, more than fifteen thousand business miles per year, excluding commuting miles, subject to such exceptions deemed by said secretary to be appropriate, given the intended use of the particular vehicle. Said regulations shall provide for the enforcement of this mileage guideline, including a system for annual reevaluation of the use of all state passenger vehicles and light duty pickups, and subsequent disposition of any vehicle or pickup whose use unreasonably fails to meet this guideline. The secretary of administration and finance shall submit an annual report to the house and senate committees on ways and means on the utilization of passenger vehicles and light duty pickups that are owned, leased or assigned to any agency within the executive branch of state government. Said report shall include the following: (a) a complete listing of passenger vehicles and light duty pickups, including the year, make, registration number, and actual monthly mileage of any vehicle leased, owned, or assigned to each agency; the name, position number, and position title of the employee assigned to each vehicle; and a detailed explanation of the need for each vehicle. Said report shall not include vehicles with confidential plates, as provided in administrative bulletin 896 issued by the executive office for administration and finance; provided, that said report shall state the number of confidential plates that have been issued; (b) a complete listing of passenger vehicles and light duty pickups that were subject to disposition during the prior month identifying the former state vehicle by the year, make, registration number, and actual monthly mileage, and the name, position number, and position title of the employee last assigned to each vehicle; Chap. 110 (c) a complete listing of new leases entered into by any agency and new purchases made by agencies for which the secretary shall identify the funding source; said list shall include the year, make, registration number, and actual monthly mileage of any vehicle leased, owned, or assigned to each agency; the name, position number, and position title of the employee assigned to each vehicle; and a detailed explanation of the need for each vehicle; (d) a complete listing of the name, office location, position number and position title of any employee authorized by the secretary to use a passenger vehicle or light duty pickup to travel from the employee's place of residence to the employee's place of work; the year, make, registration number and actual monthly mileage of the vehicle assigned to such employee; and a detailed explanation of the need for such authorization. The secretary of administration and finance shall ensure that all employees shall be prohibited from using motor vehicles for personal uses. SECTION 52. Said chapter 7 is hereby further amended by inserting after section 22B the following section:- Section 22C. Notwithstanding any general or special law to the contrary, any nonprofit independent college or university in the commonwealth may make purchases of materials, supplies, equipment or services through the state purchasing agent subject to such rules, regulations and procedures as may be established from time to time by said purchasing agent; provided, however, that the nonprofit independent college or university shall accept sole responsibility for any payment due to the vendor for its share of such purchase. SECTION 53. Section 40G of said chapter 7, as appearing in the 1992 Official Edition, is hereby amended by adding the following paragraph:- The secretary of administration and finance shall report quarterly to the house and senate committees on ways and means any lease, tenancy-at-will or other rental agreement, or any extensions thereof, made pursuant to this section; provided, however that said quarterly report shall include, by agency, the amount and location of such rental space, any new or additional space, the duration of the lease or agreement, the cost per square foot of such rental space, any increase or decrease in said cost, and the cost of the preceding lease or agreement. SECTION 54. Said chapter 7 is hereby further amended by inserting after section 431 the following two sections:- Section 43J. There is hereby established on the books of the commonwealth a separate fond known as the State Transportation Building Management Fund. Monies received by the commonwealth from rentals, commission fees, parking fees and from any and all other sources pertaining to the operation of the state transportation building shall be credited to said fond. Said fond shall be used for the maintenance, repair and operation of said building. The division of capital planning and operations may enter into a contract with a public or private entity with experience in operating building facilities for the provision of building management services for the operation and maintenance of the state transportation building. Chap. 110 The building manager shall collect all monies payable to the commonwealth relating to the operation of the state transportation building and deposit the same in the State Transportation Building Management Fund to be expended subject to appropriation for the purposes authorized by this section. The commissioner of said division shall file with the secretary of administration and finance and the house and senate committees on ways and means no later than September first of each year, an annual report of the fund's income, expenditures, and balances, based upon the status of the fund on June thirtieth of the preceding fiscal year. Section 43K. There is hereby established on the books of the commonwealth a separate fund known as the Springfield State Office Building Management Fund. Monies received by the commonwealth from rentals and all other sources pertaining to the operation of the Springfield state office building shall be credited to said fund. Said fund shall be used for the maintenance, repair and operation of said building. The division of capital planning and operations shall collect all monies payable to the commonwealth relating to the operation of the Springfield state office building and deposit the same in the Springfield State Office Building Management Fund to be expended subject to appropriation for the purposes authorized by this section. The commissioner of said division shall file with the secretary of administration and finance and the house and senate committees on ways and means no later than September first of each year, an annual report of the fund's income, expenditures, and balances, based upon the status of the fund on June thirtieth of the preceding fiscal year. SECTION 55. Section 10 of chapter 10 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by adding the following paragraphs:- He shall prepare and submit to the house and senate committees on ways and means on or before August fifteenth, November fifteenth, February fifteenth, and May fifteenth official cash flow projections for the current fiscal year and for the fiscal quarters beginning October first, January first, April first, and July first, respectively. Included in said projections shall be estimated spending and revenue, along with assumptions used to derive said estimates and identification of any cash flow gaps. Variance reports, which compare actual revenues and spending with planned revenues and spending, shall be produced weekly by the treasurer and distributed to the comptroller's division, the department of revenue, and the executive office for administration and finance. All data required by the treasurer's office for production of annual and quarterly cash flow projections and weekly variance reports shall be submitted by state agencies in a timely fashion, on or before deadlines established by the treasurer's office. The department of revenue shall be responsible for providing estimates of receipts and the office of the comptroller for providing estimates of agency spending and non-tax revenue receipts. The executive office for administration and finance and the treasurer's office shall jointly develop and approve annual and quarterly cash management plans to address gaps identified by cash flow projections and variance reports. Said management plans shall clear- Chap. 110 ly identify the roles to be played by short-term borrowing, investment policy, expenditure controls, and revenue management in providing necessary cash. SECTION 56. Section 35D of said chapter 10, as so appearing, is hereby amended by inserting after the word "commonwealth", in line 5, the following words:- and credits. SECTION 57. Said section 35D of said chapter 10, as so appearing, is hereby fiirther amended by inserting after the word "sixty-two", in line 6, the following words:- and section thirty-eight L of chapter sixty-three. SECTION 58. Chapter 10 of the General Laws is hereby amended by striking out section 3 5 J, as so appearing, and inserting in place thereof the following section:- Section 3 5J. There is hereby established and set up on the books of the commonwealth a separate fund known as the Massachusetts Tourism Fund, into which shall be deposited thirty-five percent of the revenues received from the tax imposed by section three of chapter sixty-four G, and section twenty-two of chapter five hundred and forty-six of the acts of nineteen hundred and sixty-nine. Monies in said fund shall be applied subject to appropriation by the General Court as follows: (a) forty percent to the office of travel and tourism for tourism promotion programs; (b) thirty-eight percent to the Massachusetts Convention Center Authority established under the provisions of chapter one hundred and ninety of the acts of nineteen hundred and eighty-two; (c) nineteen percent for financial assistance to tourist promotion agencies under the provisions of section fourteen of chapter twenty-three A; and (d) three percent for the expenses of the Massachusetts International Trade Council. SECTION 59. Section 38 of said chapter 10, as so appearing, is hereby amended by striking out, in line 130, the words "twenty-five cents" and inserting in place thereof the words:- five dollars,- and by striking out, in line 131, the words "of nominal value" and inserting in place thereof the words:- up to but not more than one hundred dollars. SECTION 60. Section 49 of said chapter 10, as so appearing, is hereby amended by striking out, in line 9, the word "ten" and inserting in place thereof the word:- twenty. SECTION 61. Said chapter 10 is hereby amended by adding the following section-Section 59. There is hereby established on the books of the commonwealth a separate fund known as the Head Injury Treatment Services Trust Fund. Said trust fund shall consist of monies paid to the commonwealth pursuant to the provisions of section twenty-four of chapter ninety, and any interest or investment earnings on such monies. The state treasurer, ex officio, shall be the custodian of said trust fund, and shall receive, deposit, and invest all monies transmitted to him under the provisions of this section, and shall credit interest and earnings on the trust fund to said trust fund. The state treasurer shall make such monies available to the statewide head injury program of the Massachusetts rehabilitation commission as may be appropriated for the purpose of developing and maintaining non-residential rehabilitation services for head-injured persons. SECTION 62. The seventh paragraph of section 1G of chapter 15 of the General Laws, as most recently amended by section 3 of chapter 71 of the acts of 1993 amended by Chap. 110 inserting after the word "provided", in line four, the following words:- and a member representing the Massachusetts Head Start Directors Association. SECTION 63. Chapter 15A of the General Laws is hereby amended by inserting after section 15B the following two sections:- Section 15C. The public institutions of higher education shall report monthly by subsidiary all expenditures and revenues from all appropriated and non-appropriated funds on the Massachusetts management and accounting reporting system, so-called, by July thirty-first, nineteen hundred and ninety-three. Section 15D. The public institutions of higher education shall report all personnel information for those employees compensated from any budgetary, federal, capital or trust fund through the personnel administrative reporting and information system, so-called, by July thirty-first, nineteen hundred and ninety-three. SECTION 64. Section 29 of chapter 15A of the General Laws, as so appearing, is hereby amended by striking out paragraphs (a), (b) and (c) and inserting in place thereof the following three paragraphs :- (a) As used in this chapter and in chapters seventy-three and seventy-five, the following words shall have the following meanings: "Nonpartisan", as applied to student organizations not endorsing or adhering to particular ideological or religious positions in the articles of incorporation, charter, constitution, or by-laws. "Official student referendum", a referendum vote of the student body which is sanctioned by the college-recognized student governmental association and certified by said student governmental association as valid. "Optional fee", any amount payable on a student tuition bill, but not a mandatory charge or waivable fee, appearing as a separately assessed item, accompanied by a statement as to the nature of said item and that said item is not a charge required to be paid by the student but rather the student may add said charge to the total amount due, and that said item is displayed on the bill at the request of the student body and does not necessarily reflect the endorsement of the board of trustees. "Student organization", any organization of students at public post-secondary educational institutions which is open to membership of all students who pay the optional fee and is controlled by its students. (b) Non-mandatory student fees to nonpartisan student organizations which employ legislative agents as defined in section thirty-nine of chapter three, or to nonpartisan student organizations attempting to influence legislation as defined in section forty-four of said chapter three, shall be paid on student tuition bills by an optional fee whenever students have authorized said optional fee on the tuition bill by a majority vote of the students voting in an official student referendum. The continuation of said optional fee on the student tuition bill may be subject to reauthorization by an official student referendum every two years. Necessary administrative costs arising in connection with the collection of said fee may be billed by the board of trustees to the student organization at the time of the transfer of funds Chap. 110 collected to said student organizations. (c) The boards of trustees shall not allow any funds for legislative agents as defined in section thirty-nine of said chapter three or organizations attempting to influence legislation as defined in section forty-four of said chapter three to be assessed on student tuition bills; provided, however, that optional fees for nonpartisan student organizations which employ said legislative agents or attempt to influence legislation shall be collected by the boards of trustees whenever students have authorized an optional fee by a majority vote of those students voting in an official student referendum. Said optional fees shall be collected as provided in paragraph (b). SECTION 65. Chapter 15C of the General Laws is hereby amended by inserting after section 26 the following section:- Section 26A. The Massachusetts Higher Education Assistance Corporation and the New England Loan Marketing Corporation shall report to the department of revenue by September thirtieth of each calendar year, the names of those persons who have been in default of repayment of Massachusetts granted guaranteed student educational loans for a period of one year. SECTION 66. Section 20 of chapter 21 of the General Laws is hereby amended by adding the following paragraph:- (14) To disseminate information regarding amendments to the general and special laws of the commonwealth, proposed changes in laws and rules and regulations which affect or shall affect businesses in the commonwealth; and, to establish educational outreach programs for the purpose of assisting small business to implement required changes in legislation. SECTION 67. Said chapter 21 is hereby further amended by inserting after section fifty-three the following new section:- Section 53A. All municipalities or sewer districts shall institute sewer charges and fees that incorporate a base rate for all users; provided, that said base rate shall be increased at an increasing block rate to fairly reflect the resource demand and discharge of high volumes of sewage. SECTION 68. Section 11 of chapter 21A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- There is hereby established within the division of law enforcement an advisory board to be designated as the boating and recreational vehicle safety advisory board. The board shall consist of seven members to be appointed by the governor, two of whom shall be representative of the boating public each of whom shall hold a certificate of number issued pursuant to section three of chapter ninety B, one of whom may represent the harbormaster's association; two members shall represent the recreational boating business, one of whom shall operate a boat dealership; one member shall represent a snowmobile or all-terrain vehicle dealership; one member shall represent the snowmobile users; and one member may represent the all-terrain vehicle users. Each member shall serve for a term of three years. Chap. 110 The chairman of the board shall be appointed, from the seven members, annually by the governor, and in the absence of same shall be designated by the director. Board members shall be appointed or reappointed for terms of three years. SECTION 69. The second paragraph of section 11 of said chapter 21 A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The boating and recreational vehicle safety advisory board shall meet at least quarterly and four members in attendance shall constitute a quorum. SECTION 70. Said chapter 21A is hereby further amended by inserting after section 18 the following section-Section 18 A. As used in this section the following words shall, unless the context otherwise requires, have the following meanings:- "Advisory committee", the advisory committee on administration of the federal safe drinking water assessment. "Act", the federal safe drinking water act, as amended from time to time, including regulations promulgated under the act. "Assessment", the federal safe drinking act assessment established by this section. "Commissioner", the commissioner of the department of environmental protection. "Department", the department of environmental protection. "End suppliers", suppliers of water who provide water directly to users. "Receipts", monies received by the department which are proceeds from the assessment. / "Suppliers of water", suppliers of water as defined in the act. "Users", all consumers of water, whether public or private or taxed or tax-exempt, provided by end suppliers. "Withdrawal", the withdrawal, purchase or pumping of water by an end supplier. (a) Notwithstanding any general or special law to the contrary, the department is authorized and directed to establish a federal safe drinking water act assessment to assist the department in providing technical compliance, assistance to and otherwise to regulate all suppliers of water pursuant to the act in the manner set forth in this section. This act shall address the lack of federal assistance for a federally mandated program. Collection of the assessment may begin on or after July first, nineteen hundred and ninety-three. Matters relating to the rate, collection, cost, enforcement and application and other administrative features of the assessment shall be in accordance with regulations of the department adopted pursuant to section two of chapter thirty A but no later than one hundred eighty days after the effective date of this section, after consultation with the advisory committee. Such regulations, in addition to such further matters reasonably incidental to the administration of the assessment as may be determined by the department, shall: (i) provide that the assessment shall be remitted to the department by the end supplier; (ii) set, and provide for periodic revision of, the rate of assessment at a uniform level Chap. 110 not to exceed one cent per thousand gallons of withdrawal, such that receipts in the aggregate are reasonably related to defraying the department's direct and indirect costs for monitoring, inspection, technical assistance, reporting and enforcement activities necessary to ensure compliance with the act and any regulations of the department adopted to implement the act; It is the intent of this section that amounts payable as assessments, administrative costs and payments in lieu of assessments shall be recovered to the maximum practical extent from charges to users. Nothing in this section shall limit the authority of the department of public utilities to rule on the propriety of any rates charged by any end suppliers subject to its jurisdiction; provided, however, that in making such a ruling the department of public utilities shall consider the amount of the assessment; and provided, further, that such ruling shall not impose any condition inconsistent with the provisions or intent of this section or any regulations adopted hereunder. Compliance with any requirement imposed by the department of public utilities shall not exempt any end supplier from the requirements of this section or regulations adopted hereunder. The department of public utilities shall monitor the manner in which investor-owned end suppliers engaged in the distribution of water apportion and collect amounts necessary to defray the assessment and applicable administrative costs. (iii) The department shall establish the assessment rate by October first of each year for the following fiscal year. End suppliers shall be notified by mail of the assessment rate by November first of each year. The department may mail bills to end suppliers during the month of July of each year for that fiscal year. (b) All receipts shall be deposited in the Environmental Permitting and Compliance Assurance Fund established pursuant to section two M of chapter twenty-nine, and used solely for the purposes set forth therein, provided, however, that receipts shall be separately accounted for and shall be used solely for administering the act and furthering its purposes. Any unexpended balance may be used to defray the amount of the assessment in future fiscal years. Regulations establishing the assessment pursuant to this section shall not be in effect in any fiscal year in which the department fails to provide from state funds, other than those collected under the terms of this section, a match of seventy-five percent of the amount of the federal grant attributable to the implementation of the act. (c) In the event that the requirements of this section conflict with applicable federal requirements pertaining to the establishment and collection of the assessment by the department, such federal requirements shall take precedence over any conflicting requirements of this section and the department shall have the authority to establish by regulation and to collect such assessment in accordance with applicable federal requirements. (d) The department shall establish an advisory committee on administration of the federal safe drinking water assessment. Chap. 110 The representative organizations may nominate persons for consideration and the commissioner shall appoint such persons to the advisory committee as deemed desirable in accordance with this section, which members shall serve until successors shall be appointed and qualified by the commissioner. No state employee shall be appointed to the advisory committee and no person appointed to the advisory committee shall be deemed to be a state employee for purposes of any other general or special law. Members of the advisory committee shall serve without compensation except for reimbursement of their direct expenses of travel from their place of abode to the regular meetings of the advisory committee. The commissioner's appointees shall include one representative from each of the following categories of organizations, two of which such designated representatives who are water utility personnel shall serve, under the same terms and conditions as members of the committee established pursuant to section eighteen chapter twenty-one A: a statewide water works non-profit association, a New England regional water works non-profit association, a non-profit association representing rural water systems, a regional water works association, a non-profit association representing investor-owned water companies, two statewide environmental organizations, organizations representing non-community water suppliers, the Massachusetts Municipal Association, an organization representing industry and one other designee the commissioner deems desirable. The total membership of the committee shall not exceed eleven, a majority of whom shall be comprised of water utility personnel. In addition to consulting with the advisory committee prior to adoption of regulations implementing this section, the department shall review with the advisory committee the operation of the assessment program authorized by this section at least quarterly. (e) The committee and the department shall undertake the additional responsibility to ensure that regular public service announcements are released to inform the public as to the requirements and costs associated with the act. The committee, with administrative support from the department, shall produce an annual report on the assessment program for the House and Senate committees on ways and means and the joint committee on natural resources and agriculture, with a summary of all findings and action taken mailed to all end suppliers. (f) The department shall not collect water quality annual compliance assurance fees for public water supplies as established in 310 CMR 4.03. SECTION 71. Chapter 23 of the General Laws is hereby amended by striking out section 1, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:- Section 1. There shall be a department of labor and industries, under the supervision and control of a commissioner of labor and industries, who shall be the secretary of labor appointed pursuant to chapter six A, and who shall in this chapter be called the commissioner. SECTION 72. Said chapter 23 is hereby further amended by striking out section 2, as so appearing, and inserting in place thereof the following section:- Chap. 110 Section 2. The commissioner shall devote his full time during business hours to the duties of this office and that of secretary of labor, and shall not engage in other employment or business activities. SECTION 73. Section 3 of said chapter 23, as so appearing, is hereby amended by striking out the fifth and sixth sentences, and inserting in place thereof the following sentence:- He shall prepare rules and regulations for the conduct of the department and all other rules and regulations which the department is by law authorized to make, and such rules and regulations shall, except as otherwise provided by law, take effect upon such date as the commissioner determines. SECTION 74. Section 4 of said chapter 23, as so appearing in, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commissioner may, with the approval of the governor, appoint not more than four directors, and may, with like approval, remove them. SECTION 75. Section six of said chapter twenty-three is hereby repealed. SECTION 76. Section 3E of chapter 23 A of the General Laws, as appearing in section 4 of chapter 19 of the acts of 1993, is hereby amended by striking out paragraph (5) and inserting in place thereof the following paragraph:- (5) notwithstanding any provisions of sections three to three H, inclusive, the EACC shall not designate nor shall there exist at any one time more than twenty Economic Target Areas. SECTION 77. Chapter 23 A of the General Laws is hereby amended by striking out section 14, as so appearing, and inserting in place thereof the following section:- Section 14. The office of travel and tourism is hereby directed, subject to appropriation, to establish a program for financial assistance to those public or nonprofit agencies which promote or provide services for tourism, convention, travel and recreation in the commonwealth. Funds shall be granted to agencies listed in section six of chapter six hundred and thirty-six of the acts of nineteen hundred and sixty-four with the addition of the Bristol County Development Council, Inc., Franklin County Chamber of Commerce, the Greater Boston Convention and Visitors Bureau, Inc., North of Boston Tourist Council, Pioneer Valley Convention and Visitors Bureau, Plymouth County Development Council, Inc., Worcester County Convention and Visitors Bureau, and Northern Middlesex Chamber of Commerce and to any other public or nonprofit agency which has been in operation for two consecutive years prior to application for funds under this section and which spends fifteen thousand dollars in its fiscal year on tourism or a public or nonprofit agency which has a total budget larger than the average of Massachusetts tourist promotion agencies as estimated by the secretary of the executive office of economic affairs and which spends twenty-five percent of said budget on tourism. Funds shall be used to strengthen efforts of tourism, convention, travel and recreation agencies to attract and service visitors to the commonwealth and to better manage and distribute the influx of said visitors. The amount of funds received by any one agency shall Chap. 110 be based on, but shall not be limited to, the following criteria: (1) geographical size and population served by such agency; (2) amount of matching funds from nongovernmental sources; (3) Assurance that the funded proposal will be in addition to the work currently being done by the agency and that the agency will maintain a continued effort of the funded program; (4) demonstrated effectiveness of agency; (5) integration of agency's tourism promotion plans with other private and public agency plans. No funds may be spent for travel, entertainment, or purchase of equipment under this section. Tourism is hereby authorized to make grants to agencies to assist such agencies in planning and carrying out their promotional programs and projects; provided, that before any such grant may be made; (1) the agency shall have made application to tourism for such grant, and shall have set forth the program proposed to be undertaken for the purpose of encouraging and stimulation tourist, convention, visitor and vacation business. The application shall further state, with evidence satisfactory to tourism, the amount of nongovernmental funds held by or committed or subscribed to the agency for application to the proposals herein described and the amount of the grant for which application is made; (2) tourism, after review of the application, shall be satisfied that the program of the agency appears to be in accord with the purpose of this section, and shall authorize the making of a grant to such agency; (3) the maximum received by a private nonprofit agency shall be no greater than the amount received by that agency from nongovernmental sources. Any agency receiving funds under this section shall make a report to the house and senate committees on ways and means on the use of said funds at such time and in such form as the executive director of tourism shall specify. The executive director, subject to approval by the secretary of economic affairs shall establish guidelines in which to regulate the dispersal of funds under this section. SECTION 78. Chapter 23E of the General Laws is hereby amended by striking out sections 15 and 16, as so appearing, and inserting in place thereof the following two sections:- Section 15. There is hereby established an advisory council on workers' compensation in this chapter and in chapter one hundred and fifty-two, called the advisory council. The voting membership of said council shall be composed of five members representing employers in the commonwealth, at least one of whom shall represent manufacturing classifications, at least one of whom shall represent small business, at least one of whom shall represent self-insurers, and five members representing employees, all of whom shall be members of a duly recognized and independent employee organization, coun- Chap. 110 cil, or union, and at least one of whom shall be a disabled worker. The five employer members shall represent the following organizations. One member shall be named by Associated Industries of Massachusetts. One member shall be named by the National Federation of Independent Business and the Smaller Business Association of New England, one member shall be named by the Associated General Contractors of Massachusetts and the Associated Builders and Contractors of Massachusetts, one member shall be named by the Self-insured Businesses of Massachusetts and one member shall be named by the Massachusetts Association of Self-insurers and the Greater Boston Chamber of Commerce. The five employee members shall represent the following organizations. One employee representative shall be named by the Massachusetts AFL-CIO. One member shall be named by the Massachusetts Building Trades, one member shall be named by the Teamsters, one member shall be named by unions representing public sector employees and one member shall be named by an organization representing disabled workers in Massachusetts. The following organizations shall each name one non-voting member from each of the following: the insurance industry as represented by the Alliance of American Insurers and the American Insurance Association, the workers' compensation claimants' bar as represented by the Massachusetts Bar Association, the commonwealth's medical providers as represented by the Massachusetts Medical Society, and vocational rehabilitation providers as represented by New England Chapter of the National Association of Rehabilitation Professionals in the private sector. All members currently serving on the advisory council shall be removed, unless the constituency which he or she represents renames him or her to said council under the terms of this act. The term of any member shall be for a period of no more than 3 years, provided, however, that any member may be reappointed by his or her constituency group. Any person appointed to fill a vacancy occurring prior to the expiration of the term of his predecessor shall be appointed for the unexpired portion of such term. The chairman and the vice-chairman of such advisory council, one of whom shall be an employee representative and one of whom shall be an employer representative, shall be appointed from among voting members for two year terms. Such appointees shall not succeed themselves as chairman or vice-chairman. No member of said advisory council shall be subject to chapter thirty-one. Members shall receive their traveling and other necessary expenses incurred in the performance of their duties. Such expenses shall be paid from the special fund established in section sixty-five of chapter one hundred and fifty-two. Meetings of said advisory council shall be called by the chairman or upon petition by a majority of voting members. Such meetings shall be subject to the provisions of section eleven A of chapter thirty A. Said advisory council shall take no action pursuant to its authority under this chapter or said chapter one hundred and fifty-two unless a quorum of its voting members are present. The presence of seven voting members of the advisory council, at least two of whom shall be representatives of employees, shall constitute a quorum. No action shall be taken by the advisory council without the affirmative vote of at least seven members. A subcommittee on worker's compensation health care is hereby created to study the fee struc- Chap. 110 ture for providers of care to injured workers, twenty-four hour care for injured workers, how the number of impartial physicians can be expanded, and any other health care issue that may affect injured workers and their access to quality medical care. Section 16. The advisory council shall appoint such personnel as are necessary for the proper discharge of its duties. The staff of the advisory council shall be funded from monies collected for the special revenue fund in accordance with the provisions of section sixty-five of said chapter one hundred and fifty-two. The advisory council may expend for personnel and office expenses funds appropriated to the department for that purpose. SECTION 79. Chapter 23F of the General Laws is hereby amended by striking out sections 1 to 8, as so appearing, and inserting in place thereof the following eight sections:- Section 1. There is hereby created the Manufacturing Technology Project hereinafter referred to in this chapter as the "project," whose members shall be the Bay State Skills Corporation, known hereinafter as "BSSC", and the Industrial Service Program, known hereinafter as "ISP". The project shall have all the powers of both members and those powers and responsibilities specified in this chapter. The governor shall by executive order designate the executive director of either member to coordinate the project's responsibilities. Section 2. The duties of the project shall include, but shall not be limited, to: (a) encouraging and assisting in the diversification of defense-dependent firms and enhancing the competitiveness of the commonwealth's manufacturing sector by providing technical assistance to such firms seeking to expand into new product areas and new productions processes, and markets, including but not limited to, technology assistance provided pursuant to subsection (p) of section four and section seven F of chapter forty I and subsection (a) of section four of chapter twenty-three A; (b) supporting the creation and organization of manufacturing extension services, alternative deployment pilot projects, technology access services, or other related deployment programs to regional consortia of, but not limited to, private companies, especially small- and medium-sized companies, universities, colleges and community colleges, labor organizations, nonprofit agencies, and other interested individuals and organizations through: (1) direct support of services or (2) matching grants through the Economic Conversion Fund for proposals made to the Technology Reinvestment Program within the Advanced Research Projects Agency of the Department of Defense, created and funded pursuant to the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act or other related federal conversion programs; provided, however, that the project shall require applicants to provide other non-federal and non-state matching funds as a condition of support by the project under paragraph (2) of this subsection; (c) providing statewide support services to regional consortia or providers that include but are not limited to training and capacity building of extension service providers, assessment and evaluation of services, federal grant administration services, and interregional communications; provided, however, in no case shall the project make evaluations or assessments for any consortia in which BSSC or ISP is a participating mem- Chap. 110 ber or in which BSSC or ISP has a relationship with the consortia which would impair or appear to impair its objectivity; (d) collecting and disseminating information on financial, technical, marketing, management, and other services available to technology-intensive small- and medium-sized and emerging businesses, including potential sources of debt and equity capital, in cooperation with the executive office of economic affairs and the quasi-public corporation planning council established pursuant to section fifty-six of chapter twenty-three A; and, (e) supporting development of a regional defense conversion plan by a regional planning agency or any combination of municipalities in response to a potential or actual dislocation as a result of a major plant closing or base closing. Section 3. (a) Manufacturing extension services supported or provided by the project under this chapter shall be designed to increase competitiveness of small- and medium-sized companies in Massachusetts through access to technical, technology, systems, and management assistance in accessing training and consulting services, and the transitioning of technologies from research or military uses to commercially viable products and processes. (b) The project shall support the improvement of business practices, including but not limited to: technology, quality systems, work organization and management practices, including total quality management and just-in-time delivery systems, encouragement of employee-management cooperation in training, product design and manufacturing improvement, marketing, or alternative use development. Technology extension services provided under this chapter may be supported through a fee for service program as provided in subsection (p) of section five of chapter forty I or as otherwise authorized by law. (c) The project shall also seek to stimulate the creation of advanced technologies and techniques to improve both products and manufacturing processes, including activity-based accounting, concurrent engineering, and new problem-solving techniques. (d) The project shall provide the advisory committee, as created in section five of this chapter, with copies of the following documents for comment and review prior to their release or submission: (1) request-for-proposals or solicitations for services or grants provided pursuant to this chapter; (2) contracts between the project and regional consortia, as specified in section three of this chapter; and (3) applications for public or private grants or aid. Section 4. As a condition of providing any grant under paragraph two of subsection (b) of section two of this chapter, the project shall enter into a contractual agreement with the regional consortia specifying the terms and conditions of such grant, the responsibilities and financial contribution of the consortia, and a requirement for regular reporting by the consortia as specified by the Project. As a further condition of providing any grant under paragraph two of subsection (b) of section two of this chapter, the Project shall require that such applicant has received an award under the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act or other related federal Chap. 110 conversion programs. Section 5. The project shall, where appropriate, request the assistance of and coordinate its activities with the quasi-public corporation planning council established pursuant to section fifty-six of chapter twenty-three A. Section 6. There is created within the Project an Economic Conversion Fund, known hereinafter as the "Fund", to be used solely to provide the Project with financial support for the creation of statewide technology deployment coordination system and for matching grants to support the creation of or assistance to manufacturing extension services, alternative deployment pilot projects, technology access programs and other related deployment programs for proposals funded under the Technology Reinvestment Program within the Advanced Research Projects Agency of the Department of Defense, created and funded pursuant to the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act. The Fund shall only consist of monies appropriated by the General Court. The project shall provide the advisory committee, the house and senate committees on ways and means and the joint committee on commerce and labor with quarterly reports regarding the nature and amount of all expenditures, with a detailed summary of activities supported. Section 7. There shall be a project advisory committee consisting of nine members, one of whom shall be the secretary of the executive office of economic affairs or his designee, two of whom shall be the house and senate chairs of the joint committee on commerce and labor, one of whom shall be a labor representative who is affiliated with a union or unions likely to be affected by defense conversion and be designated by the AFL-CIO, one of whom shall represent an organization of manufacturers and be appointed by the Governor. Four members shall be representatives of small- or medium-sized defense-dependent companies located in the commonwealth who shall be appointed by the governor. Except as otherwise provided by law, members shall serve three year terms. Members shall serve without compensation, except members shall be entitled to reimbursement by BSSC for actual and necessary expenses incurred in the performance of their official duties. BSSC shall also provide the advisory committee with administrative and research support. The advisory committee may establish subcommittees of individuals who are not advisory committee members. Such subcommittees may include individuals representing groups actively advocating the need for economic diversification of defense-dependent firms and industries, and academicians and other individuals with expertise in the area of the commercial product and market development application of flexible production technologies and workforce training and retraining. Section 8. The advisory committee shall: (a) develop a short-term and long-term strategy to harness the. best talents available to focus on technology innovation, extension, infrastructure, and education and training for product and process technologies of critical importance for the commonwealth's economic competitiveness and future economic growth; Chap. 110 (b) review and monitor the technological development progress and potential of the various regions of the state and make findings and recommendations to the governor, general court, and project regarding state supported assistance to the regions; (c) recommend to the project eligibility criteria for accepting applications for technical assistance and grants provided under this chapter; (d) recommend as to the advisability and nature of, and the appropriate procedures for, any grant or endorsement regarding any project program designed to support applications for assistance under the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act, and other federal defense conversion and diversifications programs. (e) review and make recommendations to the project on any request-for-proposals or solicitations for services or grants to be issued by the project, contracts between the project and regional consortia, and applications for public or private grants or aid to be submitted by the project. SECTION 80. Section 8E of chapter 26 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:- The commissioner shall appoint all employees of the bureau. The bureau may expend for expenses and for such legal, investigative, clerical and other assistance and operation of said bureau, such sums as may be appropriated therefor; provided, however that all costs of administration and operation of said board shall be borne by liability insurance companies doing business within the commonwealth. The commissioner shall apportion estimated costs among all such companies and shall assess them for the same on a fair and reasonable basis. Said estimated costs shall be paid to the commissioner within thirty days after the date of the notice from the commissioner of such estimated costs. The commissioner shall subsequently apportion actual costs among all such companies and shall make assessment adjustments for any variation between estimated and actual costs on a fair and reasonable basis. Such estimated and actual costs shall include an amount equal to indirect costs as determined by the commissioner of administration and fringe benefit costs as determined by the commissioner of administration. Accountants, attorneys and actuary-statisticians employed by the board shall have access to all records kept by the registry of motor vehicles and to such records kept by insurance companies as may be pertinent to premium charges. The bureau shall consist of at least the following employees who shall devote their full time to the duties of their office and shall be exempt from the provisions of chapters thirty and thirty-one and shall serve at the pleasure of the commissioner: two certified public accountants, two attorneys and six actuary-statisticians. The actuary-statisticians shall be associates of the casualty actuarial society or the society of actuaries or shall have obtained a doctoral degree in a related discipline. SECTION 81. Said section 8E of said chapter 26, as so appearing, is hereby further amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:- Chap. 110 The commissioner is authorized to make an assessment against any corporation, unincorporated association, partnership, or individual licensed as a rating organization pursuant to section fifty-two C of chapter one hundred and fifty-two to pay for the rating bureau's expenses as they relate to workers' compensation. Such assessment shall be deposited into the Rating Bureau's Workers' Compensation Trust Fund. All monies deposited into the trust fund shall be expended, without appropriation, exclusively by the rating bureau. Such assessment shall be made at a rate sufficient to produce five hundred thousand dollars in nineteen hundred and ninety-two, and may be increased annually thereafter by a rate not to exceed the most recent annual consumer price index calculated by the Bureau of Labor Statistics of the United States Department of Labor for the northeast region for all urban consumers. In addition to such assessment, the commissioner of insurance shall also collect an amount equal to indirect costs as determined by the commissioner for administration and for the persons within the rating bureau, for the persons within the rating bureau who perform the duties relating to workers' compensation insurance, an amount equal to the cost of fringe benefits as established by the commissioner of administration to be credited to the General Fund. Said amounts shall be expended, without appropriation, for indirect costs and for such persons' fringe benefits. If the commissioner shall fail to expend any money collected under this paragraph in any fiscal year other than monies collected for fringe benefit and indirect costs, such unexpended amount shall be credited against the assessment to be made in the following year and the assessment in the following year shall be reduced accordingly. Funds collected under this section may be used to compensate consultants retained by the rating bureau and to defray its reasonable operating expenses and administrative overhead costs. The assessment, including the collection for indirect costs and fringe benefits, shall be collected by the commissioner of insurance. Any rating organization licensed pursuant to section fifty-two C of chapter one hundred and fifty-two shall pay the amount assessed within thirty days after the date of the notice of assessment from the commissioner. The rating bureau shall regularly perform market conduct examinations as often as the commissioner deems appropriate. SECTION 82. Section 2T of chapter 29 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:- (e) for a program of primary and preventative health care services for the benefit of uninsured dependent and adopted youths from age six through age twelve established pursuant to section seventeen B of chapter one hundred and eighteen F under the supervision of the department of medical security; provided, that such program shall incorporate and emphasize smoking cessation assistance and the harmful effects of smoking. SECTION 83. Said chapter 29 is hereby further amended by inserting after section 2X the following section:- Section 2Y. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Leo J. Martin Recreation Fund. There shall be credited to such fund forty-five percent or three hundred thousand dollars, whichever is greater, of the total revenues generated from fees or any other revenue device at the Leo J. Martin Golf Chap. 110 Course in the town of Weston and the city of Newton. Amounts credited to said fund may be used, subject to appropriation, exclusively for capital improvements, equipment, and maintenance of said golf course. SECTION 84. Said chapter 29 is hereby further amended by striking out section 2W, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:- Section 2W. There shall be established and set up on the books of the Commonwealth a separate fund to be known as the Water Pollution Abatement Projects Administration Fund. There shall be credited to such fund any amounts transferred pursuant to section five of chapter twenty-nine C; and any income derived from the investment of amounts credited to said fund. Amounts credited to said fund shall be held in an expendable trust and the department of environmental protection shall report monthly all amounts credited to said fund as well as all expenditures by subsidiary on the Massachusetts management and accounting reporting system, so called. Said amounts shall be used solely for the administration of the provisions of section twenty-seven A of chapter twenty-one. SECTION 85. Chapter 29 of the General Laws is hereby amended by inserting after section 2X the following section:- Section 2Y. Notwithstanding the provisions of section eighteen (1) of chapter twenty-one A or any other general or special law to the contrary, there shall be established and set up on the books of the commonwealth a separate fund, to be known as the Clean Air Act Compliance Fund. There shall be credited to such fund all moneys received or collected by the commonwealth for permit applications, compliance assurance, and technical assistance pursuant to said section eighteen of said chapter twenty-one A and attributed to programs associated with the implementation of the federal Clean Air Act including the volatile organic compounds, or oxides of nitrogen reasonable available control technology requirements program and the operating permit program; any other moneys appropriated, granted, or donated to such fund from time to time; and any income derived credited to such fund may be expended, subject to appropriation, for the purposes of the administration and implementation of the permitting, compliance and enforcement, monitoring and analysis, and technical assistance programs associated with the implementation of the federal Clean Air Act including the volatile organic compounds, or oxides of nitrogen reasonable available control technology requirements program and the operating permit program. On or before April thirtieth of each year, the commissioner shall file with the advisory committee on fees and program improvements, the secretaries of environmental affairs and administration and finance, the joint committee on natural resources and agriculture, and the house and senate committees on ways and means, a report of the revenues and expenditures of the fund during that fiscal year and projected revenues and expenditures for the coming fiscal year. SECTION 86. Chapter 29 of the General Laws is hereby amended by inserting after section 2Y the following section:- Chap. 110 Section 2Z. There shall be established upon the books of the commonwealth a separate fund to be known as the Commonwealth Sewer Rate Relief Fund hereinafter, the fund. The fund shall consist of all amounts credited to the fund and any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and used solely for the purpose of providing assistance in the mitigation of sewer rate increases. SECTION 87. Section 3 of said chapter 29, as appearing in the 1990 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following section:- (a) Every officer having charge of any state agency which receives a periodic appropriation from the commonwealth, including all periodic appropriations to be met from state revenues shall, within sixty days of the passage of the general appropriations act, submit to the budget director and to the senate and house committees on ways and means a comprehensive first financial plan for the current fiscal year. Said first financial plan shall report spending and revenue collection in conformance with the account structure and program format established by the general appropriations act and shall include the following: (1) statements showing the amounts expended, by account and by subsidiary, for the preceding fiscal year; (2) statements showing, by account and by subsidiary, the amount appropriated for the current fiscal year; (3) any planned interchanges between subsidiary accounts prescribed in accordance with section twenty-seven for the current fiscal year; (4) statements showing total estimated spending, by account and by subsidiary, for the current fiscal year, including estimates of deficiencies and overdrafts, if any; provided, however, that said officer shall submit to the budget director and the senate and house committees on ways and means, with his financial plans, detailed management plans designed to reduce or eliminate the need for deficiencies or overdrafts; and, provided further, that, to the extent said management plans do not identify reasonable means to eliminate the need for deficiencies or overdrafts, the governor shall, within thirty days of receiving said management plans, file a supplemental budget request recommending funding levels to address such deficiencies or overdrafts; (5) statements showing estimates, by account and by subsidiary, of the amounts required for ordinary maintenance during the ensuing fiscal year, with an explanation of any increased appropriations recommended and with citations of statutes relating thereto together with a statement indicating the priorities assigned to each program by such officer; (6) statements showing, by revenue source the amount of revenues collected during the preceding fiscal year, the estimate of revenues to be collected during the current fiscal year, and the estimate of revenues to be collected from the same or any additional sources in the ensuing fiscal year, with recommendations as to any changes in the management, practices, rules, regulations or laws governing such state agency which would effect an increase in revenue from operations, fees, taxes or other sources or which would facilitate Chap. 110 the collection thereof; (7) such other information on expenditures, revenues, activities, output measures or performance measures of any such state agency as may be required by rule or regulation of the commissioner, and any other information, including the priorities assigned to each program by such officer, required at any time by the budget director, or prescribed by the general court in the general appropriations act or any supplemental appropriation acts; (8) a statement showing, by account and by collective bargaining unit, the number of permanent, temporary and part-time positions authorized for the state agency in his charge and the volume of work performed in the preceding fiscal year, and justifying his request for permanent, temporary and part-time positions in the ensuing fiscal year in relation to the volume of work expected to be performed by such state agency. (b) Within thirty days of the submission of the governor's annual budget recommendation made pursuant to section seven H, each such officer shall submit to the budget director and the senate and house committees on ways and means a revised financial plan for the current fiscal year. Said revised financial plan shall report spending and revenue collection for the current fiscal year through the end of the second quarter in conformance with the account structure and program format established by the general appropriations act and shall include the following: (1) statements showing the amounts expended through the end of the second quarter, by account and by subsidiary; (2) any planned interchanges between subsidiary accounts prescribed in accordance with section twenty-seven for the remainder of the current fiscal year; (3) statements showing the status of the implementation of management plans developed to reduce or eliminate deficiencies or overdrafts identified in the preparation of the first financial plans; (4) statements showing total estimated spending, by account and by subsidiary, for the current fiscal year, including revised estimates of deficiencies and overdrafts, if any; (5) statements showing, by revenue source, the revenues collected through the end of the second quarter and a revised estimate, if necessary, of total revenues to be collected during the current fiscal year. SECTION 88. Said chapter 29 is hereby further amended by striking out section 4, as so appearing, and inserting in place thereof the following section:- Section 4. Every officer having charge of any state agency who, in his annual reports or otherwise, recommends or petitions for the expenditure of money by the commonwealth from any source of revenue, including expenditures to be met by assessments or from bond revenues or trust funds, for any purpose not covered by the estimates to be submitted under section three shall, within sixty days of the passage of the general appropriations act, submit detailed estimates thereof to the budget director and to the senate and house committees on ways and means, together with any other information required by said budget director or prescribed by the general court in the general appropriations act or any supplemental appropriation acts. Such estimates and other information relating to such state agency, be- Chap. 110 fore being submitted to the budget director, shall first be submitted to the appropriate secretary, if any, on or before a date set by him, but in no case later than sixty days after the passage of the general appropriations act; provided, however, that said secretary shall review the same and make such additions thereto, deletions therefrom and modifications therein as he deems appropriate; and, provided, further, that prior to making any additions, deletions, or modifications, said secretary shall conduct public hearings, for which he shall give five days' public notice prior thereto, on all items for which he shall submit to the governor a recommendation for an appropriation of one million dollars or more. All copies of such statements and information relative to the expenditures from bond revenues shall be submitted to the commissioner of capital planning and operations on or before the aforementioned date. Said commissioner shall evaluate them as to the priority, necessity and feasibility of the requests contained therein in relation to the long range capital facilities development plans, capital facilities development plans, and capital facilities projects contained therein, as defined by section thirty-nine A of chapter seven. Said commissioner shall submit his evaluation to the officer providing such estimates and information, to the appropriate secretary, budget director and senate and house committees on ways and means. SECTION 89. The first paragraph of section 5B of said chapter 29, as so appearing, is hereby amended by striking out, in line 2, the words "annually on or before August" and inserting in place thereof the following words:- on or before both September fifteenth and March. SECTION 90. Said chapter 29 is hereby further amended by striking out section 5F, as so appearing, and inserting in place thereof the following two sections:- Section 5F. Every officer having charge of any state agency which receives a periodic appropriation from the commonwealth shall, within sixty days of the passage of the general appropriations act and at such other times as may be specified by the commissioner, submit to the budget director and to the senate and house committees on ways and means a department financial plan for the current fiscal year in accordance with the provisions of section three. The budget director shall provide to the comptroller and the senate and house committees on ways and means information from department financial plans for the purpose of developing estimates of monthly cash flow and for the purpose of preparing monthly reports of planned and actual expenditure and planned and actual revenue for each major state program, department and executive or other constitutional office. Section 5G. Every officer having charge of any state agency which receives a periodic or other appropriation from the commonwealth shall, on a quarterly basis, submit to the budget director and to the senate and house committees on ways and means a report comparing actual spending rates and revenue collection rates to those rates projected in the financial plans submitted pursuant to this chapter. Said reports shall include statements showing spending and revenue information in conformance with the account and program format established by the general appropriations act. Within thirty days after the receipt of Chap. 110 such reports, the budget director shall classify each agency as being at a low, medium or high risk of exceeding spending levels authorized in the general appropriations act or any supplemental appropriations act. The budget director shall recommend to the commissioner and the governor a corrective action plan for each agency found to be at a medium or high risk of exceeding authorized spending levels as defined herein so as to ensure that every agency receiving a periodic or other appropriation from the commonwealth complies with the provisions of this chapter. Every such officer shall revise financial plans submitted pursuant to this chapter if actual spending rates or revenue collection rates indicate that financial plans submitted pursuant to section three no longer accurately reflect total estimated spending or revenue collections. Revisions to said financial plans shall be submitted to the budget director and to the senate and house committees on ways and means together with a corrective action plan to reduce or eliminate such deficiencies and overdrafts; provided, however, that to the extent that such corrective action plans do not provide a reasonable means to reduce or eliminate deficiencies or overdrafts, the governor shall within thirty days submit a request for supplemental appropriations for each such agency. SECTION 91. Section 6B of chapter 29 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:- No federal grant monies may be expended by a state agency for any program unless such state agency has complied with the provisions of this section. SECTION 92. Section 6D of said chapter 29, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:- Section two of each appropriation act shall include all direct appropriations, authorizations to retain revenue and all appropriations of federal grants. Section two A shall include appropriations for unanticipated obligations of the commonwealth regardless of budgetary funding source, and any alteration of purpose for said appropriations. Section two B shall include all appropriations from the Intragovernmental Service Fund. Section two C shall include all authorizations to continue a prior appropriation, including an amount set forth in numeric figures of the prior appropriation continued. SECTION 93. Section 9B of said chapter 29, as so appearing, is hereby amended by inserting after the word "otherwise.", in line 11, the following sentence:- The amounts allotted shall be consistent with the financial plans required by sections three, four, five F and five G. SECTION 94. Section 27 of said chapter 29, as so appearing, is hereby further amended by inserting after the second sentence the following sentence:- No such subsidiary account may be increased or decreased by the interchange of funds with any other such subsidiary account, nor shall any new subsidiary account be established, without prior notice to the house and senate committees on ways and means; provided further, that the budget director shall file with the house and senate committees on ways and means a notification Chap. 110 report no less than fifteen days prior to the need for said interchange or establishment of any subsidiary. SECTION 95. Said chapter 29 is hereby amended by striking out section 29, as so appearing, and inserting in place thereof the following section:- Section 29. The personnel administrator shall file with the house and senate committees on ways and means a schedule of positions, hereinafter called a "personnel schedule", for each such item of appropriation. Said personnel schedule shall include, but not be limited to; title code; position name; functional title; position number; full or part time status; projected weekly salary and such additional information as may be requested by the said committee for each such vacant and filled position and shall file the pay plan of the commonwealth pursuant to section forty-five of chapter thirty with the said committee as a part of the annual appropriation request filed by the governor pursuant to section seven H of this chapter. The comptroller shall not authorize payment of regular compensation, including paid leave, vacation, salary in lieu of vacation, payments in lieu of maintenance, holiday pay, overtime pay, and salary differentials for any positions in excess of those positions provided for in the personnel schedule or for any position not on a personnel schedule on file with the house and senate committees on ways and means. Each state agency or office of the judiciary receiving an annual appropriation pursuant to the provisions of this chapter shall not fill a total number of positions which exceeds the number of positions as specifically provided for in each such item of appropriation. For the purposes of this section, "positions" shall mean a full-time equivalent office or position in which one or more persons are currently employed, but shall not include the positions of board members or commissioners who are not full-time state employees, an authorized position created by statute or under the civil service law whether the incumbent holding the position is on a permanent, provisional, or temporary appointment, excess quota positions and all authorized positions other than seasonal as defined in section one of chapter thirty-one and positions for a period of ninety days or less. No funds shall be expended for excess quota positions without prior notice to the senate and house committees on ways and means. No expenditures shall be made from any revenue retention account, as defined by section one of this chapter, until a personnel schedule, if applicable, and an expenditure subsidiary classification schedule have been filed therefor with the house and senate committees on ways and means. SECTION 96. The first paragraph of section 45 of chapter 30 of the General Laws, as so appearing, is hereby amended by inserting after the word "commonwealth", in line 3, the following words:- ; provided, that said office and position classification plan and said pay plan shall be filed with the house and senate committees on ways and means as part of the annual appropriation request filed by the governor, pursuant to section seven H of chapter twenty-nine; provided further, that said plans shall remain in full force and effect and Chap. 110 there shall be no changes to said plans without prior notice to the house and senate committees on ways and means; and provided further, that said plans shall be submitted to the department of personnel administration, the comptroller and the budget director. SECTION 97. Said section 45 of said chapter 30, as so appearing, is hereby further amended by striking out paragraph 4, and inserting in place thereof the following paragraph:- (4) Each appropriation act, as filed by the governor and as enacted by the General Court, shall contain, in each item of appropriation, subject to the provisions of this chapter, a specific number of authorized and funded positions, as defined in section twenty-nine of chapter twenty-nine. No authorization to establish, allocate, reallocate, transfer, or reclassify any permanent, temporary, seasonal, or excess quota position subject to the classification and pay plans provided for in this section shall be effected, unless and until the personnel administrator provides prior notice to the house and senate committees on ways and means. The personnel administrator shall submit quarterly schedules to the said committees. Said schedules shall be prepared by the personnel administrator. Subject to the provisions of section sixty-six of chapter twenty-nine, no requests shall be included in said monthly schedule to hire or charge personnel to any item of appropriation that would cause said item to be deficient, require a subsequent appropriation in addition to the amounts available in the current fiscal year, or create any additional liability or ongoing commitment in excess of available funds. SECTION 98. Clause (iii) of paragraph (a) of subdivision (6) of section 22 of chapter 32 of the General Laws, as so appearing, is hereby further amended in clause (iii) by adding the following sentence:- On or before February fifteenth of each year the state employees' retirement system and the teachers' retirement system shall transfer to the pension reserves investment trust fund an amount equal to an estimate of said balance in said systems' investment income account as established by the commissioner; provided, however, that any remaining amounts shall be transferred to the pension reserves investment trust fund on or before April fifteenth of the same year. SECTION 99. Chapter 32A of the General Laws is hereby amended by striking out section 19, as so appearing, and inserting in place thereof the following section:- Section 19. The commission is hereby authorized to pay to any active or retired employee of the commonwealth who is insured by the commonwealth as of June first, nineteen hundred and ninety-three pursuant to the provisions of this chapter for hospital, surgical, medical or other health insurance benefits and who gives written notice in accordance with the provisions of section seven indicating his desire not to be so insured by the commonwealth, an amount of money to be determined by the secretary of administration and finance; provided that such amount shall equal no less than twenty-five percent of twelve times the total monthly rate for individual insurance coverage as determined by the commission; provided further, that the commission shall pay such amount to such active or retired employee in payments or in one lump sum. Chap. 110 The commission shall require that any active or retired employee choosing to accept such payment shall verify that he is insured under a qualifying policy toward which the commonwealth makes no contribution; provided, that for the purpose of this section, a "qualifying policy" shall be any policy which provides a schedule of benefits comparable to that to which the employee would be eligible to receive if he were insured by the commonwealth under this chapter. The commission shall provide that if such active or retired employee ceases to be so insured under such a qualifying policy, such active or retired employee shall thereupon have his insurance coverage pursuant to this chapter reinstated by the commonwealth on the date on which he informs the commission of such termination of insurance coverages; provided, however, that any amounts to be paid to such active or retired employee in accordance with this section shall be ratably reduced and any amounts paid hereunder which are allocable to periods after insurance coverage pursuant to this chapter is reinstated by the commonwealth may be recovered by the commission under such terms and conditions as the commission shall determine. SECTION 100. The first paragraph of section 3 of chapter 32B of the General Laws, as so appearing, is hereby amended by striking out the sixth and seventh sentences and inserting in place thereof the following two sentences:- Prior to the purchase of said insurance, and execution of all such agreements or contracts within the limits established by said sections, the appropriate public authority shall consult with an advisory committee for the purpose of securing the written recommendations of a majority of the membership of said committee. Said committee shall consist of eight members as follows: seven persons to be duly elected or appointed to membership on such committee by organizations of the employees affected, and one person who shall be a retiree of a governmental unit who shall be duly appointed to membership on said committee by the appropriate public authority. SECTION 101. The first paragraph of section 4 of said chapter 32B, as so appearing, is hereby further amended by striking out the third sentence and inserting in place thereof the following sentence:- Any such collective bargaining agreement shall provide for benefits, monetary or otherwise, in lieu of such coverage. SECTION 102. Section 15 of said chapter 32B, as so appearing, is hereby amended by inserting after the word "chapter", in line 17, the following words:- or (iii) providing health benefits required under the provision of this chapter. SECTION 103. Chapter 32B of the General Laws is hereby amended by adding the following section: Section 19. (a) Notwithstanding the provisions of any other section in this chapter, the appropriate public authority of any governmental unit which has undertaken to provide health coverage to its employees, retirees, surviving spouses or dependents, who shall hereafter be referred to collectively as subscribers, by acceptance of any other section of this chapter may instead elect to provide health coverage to all such subscribers pursuant to the provisions of this section, by entering into a contract or contracts with any one or more health carriers, or by transferring such subscribers to the group insurance commission established in chapter thirty-two A, pursuant to subsection (e) herein. This section shall take Chap. 110 effect in a county, except in Worcester county, city, town or district upon its acceptance in the following manner: in a county except in Worcester county, by a vote of the county commissioners; in a city having Plan D or a Plan E charter, by majority vote of its city council and approved by the manager; in any other city by majority vote of the city council and approved by the mayor; in a town, by vote of the board of selectmen; in a regional school district, by vote of the regional district school committee; and in all other districts, by vote of the registered voters of the district at a district meeting. Acceptance hereunder shall not take effect until a written agreement is reached between the appropriate public authority and the public employee committee established herein. Notwithstanding the provisions of subsection (c) of section four of chapter four, the acceptance of this designation may be revoked in the same manner it was accepted in accordance with all other subsections of section four B of chapter four, subject to the requirements of any public employee committee agreements as provided in this section and chapter one hundred and fifty E; provided, that revocation of this section shall not take effect until a written agreement providing for such revocation is reached between the appropriate public authority and the employee committee established herein. Nothing in this section shall preclude an appropriate public authority from agreeing to establish a health and welfare trust fund under section fifteen. Any such contract or contracts with any one or more health insurance carriers shall be in conformity with an agreement reached by an appropriate public authority and a public employee committee. Such election by the appropriate public authority may be renewed in conformity with any successor agreement reached with a public employee committee. The public employee committee shall be composed of a representative of each collective bargaining unit in the governmental unit and a retiree. The retiree representative shall be a designee of the Retired State, County and Municipal Employees Association. The retiree representative shall have a ten percent vote. The remaining ninety percent vote shall be divided as follows: each collective bargaining unit represented on the public employee committee shall have a weighted vote equal to the proportion which the number of employees eligible for health insurance under this chapter employed in the bargaining unit he represents bears to the total number of employees eligible for health insurance in all bargaining units of the governmental unit. Any agreement with the public authority must be approved by seventy percent of votes cast by the representatives on the public employee committee. For the purposes of this section, a health carrier shall include any insurance company organized pursuant to chapter one hundred seventy-five, hospital service corporation organized pursuant to chapter one hundred seventy-six A, medical service corporation organized pursuant to chapter one hundred seventy-six I, or, in the case of a governmental unit which is partially or fully self-insured with respect to health coverage, any third party administrator selected by the governmental unit, which may include but is not limited to any health carrier. Chap. 110 An agreement so approved under this section shall be binding on all active and retired employees for whom health coverage is being purchased; shall supersede any conflicting provisions of all collective bargaining agreements and shall itself not be subject to supercedence in any statutory impasse proceeding under chapter one hundred and fifty E. Any dispute arising over the interpretation or application of the public employee committee agreement under this section may be submitted to binding arbitration under the labor arbitration provisions of the American Arbitration Association upon request of the public employee committee. Any request must be approved by seventy percent of votes cast by the representatives on the public employee committee. A governmental unit which elects to provide health coverage to subscribers under this section shall be deemed in full compliance with any other provisions of this chapter regulating the procurement of health insurance. A governmental unit which elects to provide health coverage under this section pursuant to an agreement approved by a public employee committee, may provide such coverage either as a single governmental unit or, pursuant to section twelve, through joint purchase with other governmental units or, with multiple governmental units, through a risk-sharing pool, trust or health carrier or third party administrator, or by making payments to a health and welfare trust fund to provide health coverage under this section either as a single governmental unit or together with multiple governmental units. The appropriate public authority may contract with a health carrier for direct coverage of subscribers for whom the carrier's geographic service area provides appropriate access and coverage for other subscribers in accordance with subsection (d) herein. (b) Nothing in this section shall be deemed to require, preclude or permit any change in any aspect of health coverage for active employees authorized by this section except where an agreement to provide for such change is reached by an appropriate public authority and a public employee committee in an agreement entered into or modified subsequent to the effective date of this subsection. In the absence of a successor agreement approved under this section the prior agreement of the public employee committee and the appropriate public authority regarding the provision of health insurance shall remain in effect. (c) Nothing in this section shall be construed so as to relieve any governmental unit from providing health coverage to any employee, retiree, surviving spouse or dependent to whom it has an obligation to provide coverage under any other provision of this chapter. (d) The agreement reached between an appropriate public authority and the public employee committee shall provide for those subscribers who, by reason of residence or domicile, cannot be appropriately served within the service area of the health carrier or carriers included in said agreement, subject to the provisions set forth in the paragraph below. Coverage for active employees under this subsection shall be pursuant to and in conformity with the agreement required by this section and shall conform to all requirements of this section. The agreement reached between an appropriate public authority and the public employee committee shall provide that any subscriber who for reasons of residency Chap. 110 is not eligible for enrollment in any such plan offered by a governmental unit shall be covered under a plan offered pursuant to chapter one hundred and seventy-six I, if any such plan is provided for under said agreement; provided, that any such subscriber who lives ten miles or more from the nearest primary care physician providing care under said plan shall have out-of-pocket payments and medical deductibles limited to the amount that he would have paid had he utilized the network of medical services of the plan offered pursuant to chapter one hundred and seventy-six I. If the agreement reached between the appropriate public authority and the public employee committee provides for only health maintenance organizations or other health carriers that limit enrollment to a particular geographic area, then, notwithstanding any general or special law to the contrary, health maintenance organizations or other health carriers shall provide for the coverage of services provided or arranged for all subscribers who do not reside within the geographic service area of said carriers in the following manner: Any subscriber not eligible for direct coverage due to his residency shall have the same benefit schedule and premium contribution provided to subscribers residing within the carrier's geographic service area, including but not limited to covered services, out-of-pocket payments and medical deductibles for any and all medical services provided for or arranged pursuant to such agreement. (e) Where an agreement reached by an appropriate public authority and the public employee committee covering the public employee committee of the governmental unit executed or modified subsequent to the effective date of this subsection so provides, the appropriate public authority shall, for a period of time specified by regulation of the group insurance commission transfer to said commission all subscribers for whom it provides health coverage. The regulations of said commission shall permit the governmental unit, upon agreement reached by the appropriate public authority and the public employee committee pursuant to this section, to withdraw from such transfer to said commission after a period of not less than three years following such transfer consistent with the provisions of subsection (f). (f) Said commission shall negotiate and purchase health coverage for subscribers transferred pursuant to subsection (e) and shall promulgate regulations for coverage of such subscribers so transferred. The schedule of benefits available to such transferred subscribers shall be determined by said commission in accordance with chapter thirty-two A. Said commission shall offer such subscribers at least the same choice as to health carriers as is made available to state employees, subject only to the agreement reached between the appropriate governmental unit and the public authority committee. The governmental unit's contribution to the cost of health coverage for such subscribers, shall be as determined under this section, and shall not be subject to the provisions on contributions in said chapter thirty-two A. Said commission shall require the governmental unit to collect and forward to the said commission the full premium or cost of coverage, including the subscriber's contribution, if any; provided, that the commission shall require any governmental unit so transferring subscribers under this section, notwithstanding any general or special law to the contrary, to forward to the commission the full cost of at least one month's but not more than Chap. 110 three month's premiums for such transferred subscribers thirty days prior to the effective date of said transfer. For the purpose of determining the cost to subscribers transferred pursuant to subsection (d), the dollar amount payable by said subscribers shall be the same as the dollar amount paid by subscribers covered by the plan offered by the appropriate governmental unit, distinguishing only by the type of plan, individual, family or optional medicare extension plan, in which the subscriber enrolls. Said commission may also charge the governmental unit an administrative fee, to be determined by said commission, which shall be paid by the governmental unit and shall not be considered as part of the cost of coverage for purposes of determining the contributions of the governmental unit and its employees to the cost of health coverage. Any such administrative fee charged hereunder shall be used by said commission to pay any personnel or other costs associated with the administration of said plans. (g) Any agreement reached between the governmental unit and the public employee committee shall provide that within the same health coverage plan the percentage contributed by the governmental unit to the premium or cost of health coverage shall be the same for alt subscribers covered under this section. Said payments shall differ only by the type of coverage elected under the plan, individual, family, optional medicare extension or other; provided, however, that the percentage contributed by the governmental unit may vary among the different health coverage plans offered under the agreement reached between the governmental unit and the public employee committee. The agreement reached hereunder shall provide that the percentage contributed by said governmental unit to the premium or cost of at least one medicare extension plan available to all eligible subscribers shall be no less than the minimum percentage contributed by said governmental unit to any other health coverage plan offered pursuant to the agreement reached hereunder. Any governmental unit that accepts this section shall establish by agreement with the public employee committee a contribution by said governmental unit to said premium or cost of health coverage that provides for a minimum of fifty percent but not more than ninety-nine percent. SECTION 104. Section 59 of chapter 40 of the General Laws, added by section 12 of chapter 19 of the acts of 1993, is hereby amended by striking out clause (iii) and inserting in place thereof the following clause: (iii) authorizes tax increment exemptions from property taxes, in accordance with the Provisions of clause fifty-first of section five of chapter fifty-nine, for a specified term not to exceed twenty years, for any parcel of real property which is located in the TIF zone and for which an agreement has been executed with the owner thereof in accordance with the provisions of paragraph (v); provided, however, that the TIF plan shall specify the level of such exemptions expressed as an exemption percentage, not to exceed one hundred percent to be used in calculating the exemption under clause fifty-first of said section five of said chapter fifty-nine; provided, however, that such exemptions shall be calculated for each said parcel as provided in said clause fifty-first using an adjustment factor for each fiscal year of the specified term equal to the product of the inflation factors for each fiscal year since the Chap. 110 parcel first became eligible for such exemption pursuant to this paragraph. The inflation factor for each fiscal year shall be a ratio. (a) the numerator of which shall be the total assessed value of all parcels of commercial and industrial real estate that are assessed at full and fair cash value for the current fiscal year minus the new growth adjustment for the current fiscal year attributable to the commercial and industrial real estate as determined by the commissioner of revenue pursuant to subsection (f) of section twenty-one C of chapter fifty-nine, and (b) the denominator of which shall be the total assessed value for the preceding fiscal year of all the parcels included in the numerator; provided such ratio should not be less than one. SECTION 105. Chapter 40G of the General Laws is hereby amended by inserting after section 4 the following section:- Section 4B. The corporation is hereby authorized and directed to establish a fund to be called the Commonwealth Fund which shall be managed by the MTDC to benefit and expand the economic climate within the commonwealth so long as such is consistent with sound investment policy. MTDC is also authorized to seek and secure additional assets from public and private investment managers to establish one or more funds to be called the Co-Investment Funds which shall become co-investors along with the commonwealth and other funds. The initial amount that MTDC will transfer from its assets to the Commonwealth Fund, during the fiscal year ending June thirtieth, nineteen hundred and ninety-three shall not exceed one million dollars, and in subsequent years, the amount shall be determined by the board, subject to the limitation that such amount will not exceed twenty percent of the total assets of the MTDC Restricted for Investment Programs Funds of the prior fiscal year. The Commonwealth Fund and the Co-Investment Funds shall be held in an account separate from all other funds and accounts of MTDC. Earnings from the investment of each of the funds shall be credited to them and losses, if any, from such investment shall be charged against them. The assets of these funds may be invested with the assets of other funds owned or managed by MTDC; provided, however, that such investments, earnings and losses therefrom, are apportioned and accounted to each participating fund in proportion of its share of the total investment. In no event shall losses of these funds be charged against any other funds of MTDC. Subject to the terms of an agreement between MTDC and the secretary of administration, a share of the net gains from the investments of the Commonwealth Fund shall be distributed to the General Fund. MTDC shall invest and reinvest the monies from the Commonwealth Fund and the Co-Investment Funds and the income from such funds in the following ways: (1) In the purchase of qualified securities issued by enterprises authorized in accordance with the requirements of this chapter; provided, however, that the board finds that such investment will enhance the economic climate of the commonwealth by acting to provide investment capital, both public and private, to firms which will utilize each investment to share and to expand their operation, assist in the direct and indirect creation Chap. 110 of employment in the commonwealth and offer the potential of significant financial returns to the Commonwealth Fund and the Co-Investment Funds; provided further, that the board need not find as a basis for any such purchase that the MTDC participation is necessary to the success of the enterprise because funding for the enterprise is unavailable from the traditional capital markets, or because funding for the enterprise is unavailable from the traditional capital markets, or because funding has been offered on terms that would substantially hinder the enterprise, or that the enterprise has the reasonable potential to create a substantial amount of primary employment within the commonwealth and such employment, as far as feasible, may be expected to be for residents of target areas as defined by chapter forty F, and offer employment opportunities to unskilled and semi-skilled individuals; provided, further, that such purchases shall not be subject to, and shall not be taken into account in otherwise applying the following limitations on investments under this chapter, requires not more than twenty percent of the assets of MTDC at any time to be invested in direct investments, and requires at least fifty percent of all MTDC investments for the previous year to be made in enterprises that will locate in target areas as defined in said chapter forty F. (2) The total amount of dollars invested in any enterprise shall not be limited except as required for the prudent diversification of assets; provided, however, that notwithstanding any provision of this chapter to the contrary, no investment shall be made pursuant to this section without the prior written notice to the house and senate committees on ways and means. (3) In the purchase of such securities as may be lawful investments for fiduciaries in the commonwealth. In making purchases pursuant to subsection (1), the board shall not be subject to any limitations on lawful investments for fiduciaries in the commonwealth or to any provisions of law governing the investment of state pension funds or other public monies. MTDC shall receive a fee for the management of the Commonwealth Fund and the Co-Investment Funds, as defined by the investment agreement or agreements which may include a portion of the earnings of said funds, to be paid out of the monies in said funds. Said investment agreement or agreements shall legally bind the MTDC for the term or terms of the agreement or agreements and shall not be modified by legislative or executive action during the term or terms of the agreement or agreements. SECTION 106. Section 7 of chapter 44 of the General Laws, as so appearing, is hereby amended by striking out clause (18) and inserting in place thereof the following:- (18) For the payment of charges incurred under contracts authorized by section four of chapter forty for the expert appraisal of taxable property or for the preparation of assessors maps, including charges for aerial mapping in connection with the preparation of such maps, ten years. SECTION 107. Section 3 of chapter 55 of the General Laws, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:- Chap. 110 The director shall appoint such employees as the work of the office may require. The director shall establish the salaries, duties, and personnel regulations of all employees as he deems necessary to perform the duties of the office, provided however, the salaries of such employees shall not exceed the sum annually appropriated by the general court. The provisions of sections nine A and forty-five of chapter 30 and of chapter 31 shall not apply to the employees of the office. SECTION 108. Chapter 58 of the General Laws is hereby amended by striking out section 18D, as so appearing, and inserting in place thereof the following section:- Section 18D. The state treasurer, upon certification by the state racing commission, shall quarterly distribute to each city and town within which racing meetings are conducted, including racing meetings conducted in connection with a state or county fair, under licenses issued under the provisions of chapter one hundred and twenty-eight A, the sum of one quarter of one percent of the total pari-mutuel wager for each such racetrack within said city or town for the previous three months, which sum shall be allocated from the commonwealth's share; provided, however, that if the parcel of land containing such racetrack is located in two cities or towns, said sum shall be divided so that two-thirds shall be distributed to the city or town in which the major portion of said parcel is located, and one-third shall be distributed to the other city or town. SECTION 109. Section 2B of chapter 59 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:- This section shall not apply to easements, grants, licenses or rights of way of public utility companies; or to the property of the United States, or any instrumentality thereof, for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed, in behalf of the United States or any instrumentality thereof; or to the property of the United States, or any instrumentality thereof, which is used by a manufacturing corporation so classified under chapter fifty-eight. SECTION 110. Section 5 of chapter 59 of the General Laws, as so appearing, is hereby amended by inserting, after clause Twenty-Second E, the following paragraph-Notwithstanding the provisions of this section, in any city or town which accepts the provisions of this paragraph, said exemptions available under clauses twenty-second, twenty-second A, twenty-second B, twenty-second C, twenty-second D and twenty-second E may be granted to otherwise eligible persons who have resided in the commonwealth for one year prior to the date of filing for exemptions under the applicable clause. SECTION 111. Section 5 of chapter 59 of the General Laws is hereby amended by adding the following clause:- Fifty-second. (a) Notwithstanding any other provision of this section, any elderly homeowner who meets the criteria described in subsection (c) shall receive an abatement of an amount equal to the difference between any increase in property taxes attributable to the provisions of paragraph (n) of section twenty-one C and the amount by which the applicant's water and sewer bill would be higher if the amount of said increase in property Chap. 110 taxes were recovered in water and sewer charges, which difference shall be calculated by the board or officer responsible for fixing water and sewer charges, and certified to the board of assessors; provided, however, that said abatement shall not be greater than two hundred dollars. (b) The commonwealth shall annually appropriate the amount necessary fully to reimburse cities and towns for taxes abated under this clause. Subject to said appropriation, the commissioner of revenue shall distribute to each city and town its full reimbursement amount based on the number and amount of such abatements granted. (c) The criteria for eligibility for this abatement shall be as follows. The property for which the abatement is sought must be owned by a person sixty-five years of age or over and occupied by him as his domicile, or owned jointly with his spouse, either of whom is sixty five years of age or over, and occupied as their domicile, or by a person who owns the same jointly or as a tenant in common with a person not his spouse and occupied by him as his domicile. No abatement shall be granted unless said owner had, in the preceding year, gross receipts from all sources of less than fifteen thousand-dollars, or, if married, combined gross receipts of less than eighteen thousand dollars; provided, however, that in computing the gross receipts of an applicant under this clause, ordinary business expenses and losses may be deducted, but not personal or family expenses; provided, further, that no abatement shall be granted unless in the preceding year, such owner had a whole estate, real and personal, not in excess of twenty thousand dollars, or, if married, a combined estate not in excess of twenty-five thousand dollars, provided that real property occupied as his domicile shall not be included in computing the whole estate except for any portion of said property which produces income. In the case of real estate owned by a person jointly or as a tenant in common with a person not his spouse, the amount of his exemption under this clause shall be that proportion of the amount described in subsection (a) which the amount of his interest in the property bears to the whole value of the property; provided that no abatement shall be granted to any joint tenant or tenant in common unless the gross receipts from all sources whatsoever of each joint tenant or tenant in common is less than fifteen thousand dollars, or, if married, the combined gross receipts from all sources whatsoever of each joint tenant or tenant in common and his spouse is less than eighteen thousand dollars and unless the combined whole estate, real and personal, of each joint tenant or tenant in common is less that twenty thousand dollars or, if married, the combined whole estate, real and personal of each joint tenant in common with his spouse does not exceed twenty-five thousand dollars; and provided, further, that no proportion of the exemption shall be denied to any applicant otherwise qualified for the reason that another joint tenant or tenant in common receives a proportion of the total exemption. Notwithstanding any provision of this section, or any other general or special law to the contrary, this abatement shall be available in addition to any other abatement which a homeowner may receive. SECTION 112. Said chapter 59 is hereby further amended by inserting after section 5H the following section:- Chap. 110 Section 51. With respect to each parcel of real property classified as class three, commercial, in each city or town certified by the commissioner to be assessing all property at its full and fair cash valuation, and at the option of the board of selectmen or mayor, with the approval of the city council, as the case may be, there shall be an exemption equal to not more than ten percent of the value of the parcel; provided, however, that such exemption shall only apply to property that is occupied by a business that, at that location and all others combined, had an average annual employment of no more than ten during the previous calendar year as certified by the commissioner of the department of employment and training, and the assessed valuation of which is less than one million dollars. This exemption shall be in addition to any exemptions allowable under section five. The value of exemptions granted under this section shall be borne by the combined value of class three commercial property and class four industrial property. SECTION 113. Section 21C of said chapter 59, as so appearing, is hereby amended by striking out, in line 163, the words "or (k)" and inserting in place thereof the following words:- , (k) or (n). SECTION 114. Said section 21C of said chapter 59, as so appearing, is hereby amended by adding the following paragraph:- (n) The local appropriating authority may, by accepting this paragraph, provide that taxes may thereafter be assessed in excess of the amount otherwise allowed by this section, solely for payment, in whole or in part, of water or sewer debt service charges, including debt service charges of an independent commission, authority Or district and as part of any wholesale water and sewer charges, that the board or officer responsible for determining the water and sewer charges certifies were not in fiscal year nineteen hundred and ninety-three paid by local taxes; provided, however, that water and sewer charges shall be reduced by the amount of any such aggregate additional taxes assessed; and provided, further, that said additional taxes may be assessed on only residential real property as defined in section two A, notwithstanding the failure of the city or town to adopt a residential factor pursuant to section fifty-six of chapter forty, but subject to any subsequent adoption of such residential factor allowed by said section fifty-six; and provided, further, that if said additional taxes are assessed only on residential real property, aggregate residential water and sewer charges shall be reduced by the amount of any such additional taxes assessed. In the case of a city or town whose water and sewer service is provided by an independent commission, authority or district which separately bills water and sewer users, said commission, authority or district may enter into an agreement with said city or town to effectuate the purposes of this paragraph, provided, however, that immediately upon collection of all such taxes assessed for payment of such residential water and sewer debt service charges of such commission, authority or district, the treasurer or collector of taxes of such city or town shall, without appropriation by such city or town, pay over the taxes so collected to such commission, authority or district less any amounts agreed upon to provide reasonable compensation to the city or town for costs incurred in carrying out the agreement. Chap. 110 Notwithstanding the provisions of chapter twenty-nine C, chapter two hundred and seventy-five of the acts of nineteen hundred and eighty-nine, or any other general or special law to the contrary, any city or town which accepts this paragraph or any independent authority, commission or district which provides water or sewer services to such city or town shall remain eligible to receive loans and grants for water pollution abatement projects or safe drinking water projects. SECTION 115. Said chapter 59, is hereby further amended by striking out section 25, as so appearing, and inserting in place thereof the following section:- Section 25. The assessors of each city, town and tax levying district shall annually raise by taxation such reasonable amount of overlay as the commissioner may approve although the total taxes assessed as provided in section twenty-one C of this chapter may by such overlay be exceeded; provided, that only an amount not in excess of the average overlay for the three previous fiscal years may, in any city or town in which the local appropriating authority, as defined in subsection (a) of section twenty-one C, accepts the provisions of this section, be excluded from the provisions of section twenty-one C. The overlay account may be used only for avoiding fractional divisions of the amount to be assessed and to fund abatements granted on account of taxes assessed for the fiscal year in whose assessment the overlay is raised. The amount of such overlay approved by the commissioner shall not be included in calculating the "total taxes assessed" in paragraph (a), or the maximum levy limit in paragraph (f), of section twenty-one C. Any balance in the overlay account in excess of the amount of the warrant remaining to be collected or abated, as certified by the board of assessors, shall be transferred by the board of assessors upon its own initiative or within ten days of a written request by the chief executive officer, with written notice to the chief executive officer, to a reserve fund to be appropriated for any lawful purpose. Any balance in said reserve fund at the end of the fiscal year shall be closed out to surplus revenue. SECTION 116. Section 59 of said chapter 59 is hereby amended by striking out, in line 45, the words "and Forty-third" and inserting in place thereof the words:- , Forty-third and Fifty-second. SECTION 117. Section 23 of chapter 60, as so appearing, is hereby amended by adding the following paragraph: Any proposed subdivision plans may not be recorded unless they are accompanied by a municipal lien certificate, indicating that all taxes, assessments and charges have been paid in full. SECTION 118. The first paragraph of section 2A of chapter 60A of the General Laws, as so appearing, is hereby amended by inserting before the first sentence the following sentence:- Taxes shall be collected within six years after the assessment of the tax in accordance with section sixty-five of chapter sixty-two A. SECTION 119. Said section 2A of said chapter 60A, as so appearing, is hereby amended by inserting after the word "time", the first time it appears, in line 14, the following Chap. 110 words:- after the service of warrant has been made, but not later than six years after the initial excise tax issuance was made. SECTION 120. Said section 2A of said chapter 60A, as so appearing, is hereby further amended by inserting after the word "law", in line 34, the following words: ; provided, however, that the registrar shall not suspend the renewal of the licenses to operate a motor vehicle or the registration of said motor vehicle if the uncollected amount exceeds a period of six years from the assessment of the tax, in accordance with section sixty-five of chapter sixty-two A. SECTION 121. The first paragraph of section 6D of chapter 62 of the General Laws, as so appearing, is hereby amended by adding the following two sentences:- At the beginning of each fiscal year, subject to appropriation, one dollar shall be credited from the General Fund to the Natural Heritage and Endangered Species Fund for each dollar contributed by the public in the prior fiscal year under the provisions of this section. The commissioner of the department of revenue shall certify to the state comptroller total revenues contributed to the Natural Heritage and Endangered Species Fund by individuals in the prior fiscal year. SECTION 122. Section 37 of said chapter 62C of the General Laws, as so appearing, is hereby amended by inserting after the word "later", in line 8, the following words:- ; provided, however, that where the commissioner and the taxpayer have agreed to extend the period for assessment of a tax pursuant to section twenty-seven, the period for abatement or for abating such tax shall not expire prior to the expiration period within which an assessment may be made pursuant to such agreement or any extension thereof. SECTION 123. Said chapter 62C is hereby further amended by inserting after section 83 the following section-Section 84. (a) Under regulations promulgated by the commissioner, if: (i) a joint return has been made under this chapter for a taxable year, (ii) on such return there is substantial understatement of tax attributable to grossly erroneous items of one spouse, (iii) the other spouse establishes that in signing the return he or she did not know, and had no reason to know, that there was such substantial understatement, and (iv) taking into account all facts and circumstances, it is inequitable to hold the other spouse liable for the deficiency in tax for such taxable year attributable to such substantial understatement, then the other spouse shall be relieved of liability for the tax, including interest, penalties and other amounts, for such taxable year to the extent such liability is attributable to such substantial understatement. SECTION 124. The first paragraph of section 38L of chapter 63 of the General Laws, as so appearing, is hereby amended by adding the following two sentences:- At the beginning of each fiscal year, one dollar shall be credited from the General Fund to the Natural Heritage and Endangered Species Fund for each dollar contributed by corporations to the Natural Heritage and Endangered Species Fund in the prior fiscal year under the provisions of this section. The commissioner of the department of revenue shall certify to Chap. 110 the state comptroller total revenues contributed by the corporations in the prior fiscal year. SECTION 125. Paragraph (h) of section 6 of chapter 64H of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following definition: - "Honor snack tray", any vending arrangement in which only candy or snacks are available in an open tray for the benefit of employees in an establishment that normally does not sell food or food products and for which payment is made on the honor system. SECTION 126. Said section 6 of said chapter 64H, as so appearing, is hereby fiirther amended by inserting after the word "machine", in line 108, the following words:- or honor snack tray. SECTION 127. The General Laws are hereby amended by inserting after chapter 64J the following chapter-Chapter 64K Controlled Substances Tax Section 1. For the purposes of this chapter the following words shall have the following meanings unless the context clearly requires otherwise:- "Marihuana", marihuana, whether real or counterfeit, as defined in section one of chapter ninety-four C, that is held, possessed, transported, transferred, sold or offered for sale in violation of Massachusetts law. "Controlled substance", drug or substance, whether real or counterfeit, as defined in section one of chapter ninety-four C, that is held, possessed, transported, transferred, sold or offered for sale in violation of Massachusetts law. For the purposes of this act, "Controlled substance" shall not include marihuana. "Dealer", a person who, in violation of Massachusetts law, manufacturers, produces, ships, transports, or imports into the commonwealth or in any manner acquires or possesses more than forty grams of marihuana, or seven or more grams of a controlled substance, or ten or more dosage units of a controlled substance which is not sold by weight. A quantity of marihuana or controlled substance is measured by the weight of the substance whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in the dealer's possession. A quantity of a controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers. "Commissioner", the commissioner of the department of revenue. Section 2. The commissioner shall be responsible for the enforcement of the provisions of this chapter. Payments required pursuant to this chapter must be made to said commissioner on the form provided by said commissioner. Dealers shall not be required to give their name, address, social security number or other identifying information on such form. Said commissioner shall collect all taxes due under this chapter. Section 3. The commissioner may adopt rules and regulations necessary to enforce the provisions of this chapter. Said commissioner shall adopt a uniform system of providing, Chap. 110 affixing, and displaying official stamps, labels, or other indicia for marihuana and controlled substances on which a tax shall be imposed. Section 4. No dealer shall possess any marihuana or controlled substance upon which a tax is imposed by section eight unless the tax has been paid on the marihuana or controlled substance as evidenced by a stamp or other official indicia. Section 5. Nothing in this chapter shall be construed to provide immunity for a dealer from criminal prosecution pursuant to Massachusetts law. Section 6. Nothing in this chapter shall be construed to require persons lawfully in possession of marihuana or a controlled substance to pay the tax required pursuant to this chapter. Section 7. For the purposes of calculating the tax due under section eight, a quantity of marihuana or controlled substances shall be measured by the weight of the substance whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in the dealer's possession. A quantity of a controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers. Section 8. A tax shall be imposed on marihuana and controlled substances as defined in section one at the following rates:- (1) on each gram of marihuana, or each portion of a gram, three dollars and fifty cents; and (2) on each gram of controlled substance, or portion of a gram, two hundred dollars; or (3) on each fifty dosage units of a controlled substance that is not sold by weight, or a portion thereof, two thousand dollars. Section 9. Any dealer violating the provision of this chapter shall subject to a penalty of one hundred percent of the tax in addition to the tax imposed by section eight. Such penalty shall be collected as part of the tax. In addition to the tax penalty imposed, a dealer convicted of distributing or possessing marihuana or controlled substances without affixing the appropriate official stamps, labels, or other indicia shall be punished by imprisonment for not more than five years or a fine of not more than ten thousand dollars, or both. Section 10. Official stamps, labels, or other indicia to be affixed to all marihuana or controlled substances shall be purchased from the commissioner. The purchaser shall pay one hundred percent of face value for each official stamp, label, or other indicia at the time of such purchase. Section 11. When a dealer purchases, acquires, transports, or imports into the Commonwealth marihuana or controlled substances on which a tax is imposed by section eight and, if the indicia evidencing the payment of the tax has not already been affixed thereto, the dealer shall have them permanently affixed on the marihuana or controlled substance immediately after receiving such marihuana or controlled substance. Each stamp or other official indicia shall be used only once. Chap. 110 Taxes imposed upon marihuana or controlled substances by this chapter are due and payable immediately upon acquisition or possession in the Commonwealth by a dealer. Section 12. An assessment for a dealer not possessing valid stamps or other official indicia showing that the tax has been paid shall be considered a jeopardy assessment or collection. The commissioner shall assess a tax and applicable penalties based on personal knowledge or information available to the commissioner. Said commissioner shall mail to the taxpayer at the taxpayer's last known address or serve, in hand, a written notice of the amount of tax and penalty due and shall demand its immediate payment and, if such payment is not immediately made, shall collect the tax and penalty by any method available under law. No person may bring an action to enjoin the assessment or collection of any taxes, interest or penalties imposed pursuant to this chapter. The taxes and penalties assessed by the commissioner are presumed to be valid and correctly determined and assessed. The burden shall be upon the taxpayer to demonstrate that such tax or penalty has been incorrectly or invalidly assessed. A statement filed by the commissioner with the court administrator, or other certificate by the commissioner of the amount of tax and penalties determined or assessed shall be admissible as evidence and shall be prima facie evidence of the facts contained therein. Section 13. Notwithstanding the provisions of any general or special law to the contrary, neither the commissioner nor a public employee shall be authorized to reveal facts contained in a report or return required by this chapter or any information obtained from a dealer; nor can any such information contained in such a report or return or otherwise obtained from a dealer be used against such dealer in criminal proceeding, unless such information was independently obtained, except in connection with a proceeding involving taxes due under this chapter from the dealer making such return. Any person violating the provisions of this section shall be guilty of a misdemeanor. Nothing in this section shall be construed to prohibit the commissioner from publishing statistics that do not disclose the identity of dealers or the contents of particular returns or reports. Section 14. For the purpose of determining the correctness of any return or determining the amount of tax that should have been paid or determining whether or not the dealer should have made a return or paid taxes or for collecting any taxes due under this chapter, the commissioner may examine, or cause to be examined, any books, papers, records or memoranda that may be relevant to making such determinations or collections, whether the books, papers, records or memoranda are the property of or are in the possession of the dealer or another person. Said commissioner may require the attendance of any person having knowledge or information that may be relevant and may compel the production of books, papers, records, or memoranda by persons required to attend and may take testimony on matters material to the determination, and administer oaths or affirmations. Upon demand of the commissioner or an examiner or investigator, a clerk of Chap. 110 court shall issue subpoenas for the attendance of a witnesses or the production of books, papers, records and memoranda. The commissioner may also issue subpoenas. Failure to obey a subpoena issued by a district court under this chapter shall be punishable in the district court of the district in which such subpoena is issued, or if the subpoena is issued by the commissioner, such failure to obey a subpoena shall be punishable in the district court of the district in which the party served with the subpoena is located, in the same manner in which a contempt is punishable in a district court. SECTION 128. Section 2 of chapter 70 of the General Laws, as appearing in section 32 of chapter 71 of the acts of 1993, is hereby amended by .striking out the definition of "Base aid" and inserting in place thereof the following definition:- "Base aid", in any fiscal year, the total of base aid, minimum aid and foundation aid of the previous fiscal year. In fiscal year nineteen hundred and ninety-four, base aid shall be state school aid in fiscal year nineteen hundred and ninety-three; provided, however, that the amount of aid deemed to have been distributed in fiscal year nineteen hundred and ninety-three pursuant to section sixteen D of chapter seventy-one shall be adjusted to equal the amount that would have been distributed in fiscal year nineteen hundred and ninety-four in accordance with paragraph (e) of section sixteen D of said chapter seventy-one but for the provisions of this chapter and paragraph (f) of said section sixteen D of chapter seventy-one; and provided, further, that, for any district in which net school spending is less than the foundation budget in determining base aid in the current fiscal year, the base aid amount of the previous fiscal year shall be adjusted by adding any amount that will be deducted in the current fiscal year pursuant to the provisions of section twelve B of chapter seventy-six for students that applied and were accepted at receiving districts during the prior fiscal year; provided, however, that the students identified in subsection (m) of said section twelve B, shall be deemed for the purposes of this calculation to have been accepted at receiving districts during fiscal year nineteen hundred and ninety-three. SECTION 129. Chapter 74 of the General Laws is hereby amended by inserting after section 7B the following section:- Section 7C. Notwithstanding the provisions of section twenty-seven C of chapter twenty-nine, or of any other general or special law to the contrary, a town where a person resides who is admitted to the school of another town under section seven shall pay a tuition fee to be fixed by the commissioner under the direction of the state board, and in default of payment shall be liable therefor in contract to such other town. If an approved vocational school established by a regional school district or a public independent vocational school accepts a student who resides in a town, other than a member town of said district, which does not maintain such a vocational school, the town in which such student resides shall pay a tuition fee to be fixed by the regional district school committee or by the board of trustees of a public independent vocational school and approved by the commissioner under the direction of the state board; provided, however, that a town shall not be required to pay any portion of the tuition of any student residing therein who is enrolled in a post-secondary vocational program. Chap. 110 Tuition shall be paid in two equal installments in each school year of attendance, one in January and one in June, or on a pro-rated monthly basis if a nonresident student fails to apply for his first year of admission on or before April first of the preceding school year. The commissioner may direct that the resident community's tuition payment for said first year be paid in full in July of the fiscal year after the student completes his first year of nonresident attendance including the penalties that the commissioner may determine. No tuition shall be payable under this section with respect to a student who has satisfactorily complete the twelfth grade or courses equivalent thereto and whose personal income exceeds eighteen thousand dollars, said amount to be adjusted periodically as recommended by the commissioner of education. SECTION 130. The second sentence of section 37C of said chapter 74, as so appearing, is hereby amended by inserting after the word "preparation", in line 7, the following word:- , age. SECTION 131. Chapter 75 of the General Laws is hereby amended by inserting after section 36B the following section:- Section 36C. (a) The trustees are hereby authorized to acquire by purchase or otherwise affiliate with, or operate physicians practices, satellite clinics, ambulatory care centers, mental health programs or facilities, health care facilities, outpatient diagnostic or treatment centers, home health care programs, long-term care facilities, rehabilitation facilities, laboratories, fitness centers, and similar health care or related programs or facilities, provided such transactions are determined by said trustees to be in the best interests of the teaching hospital or to further the educational and research mission of the medical school. If such transactions require, as incidental to them, the acquisition of an interest in real property by purchase, lease, lease-purchase or otherwise, said real property shall be considered unique for the purposes of section forty H of chapter seven, and such acquisition shall be within the exemption provided in paragraph (b). (b) No such transaction shall be undertaken unless it is first approved by the secretary of administration and finance, subject to such conditions as the secretary may deem appropriate. At least thirty days prior to entering into any binding agreement for such transaction, the trustees shall file a statement with the secretary of administration and finance, the secretary of education and the secretary of health and human services containing such information regarding the proposed transaction as the secretary of administration shall require. Any such proposed transaction that is approved pursuant to this paragraph, or deemed to have been approved pursuant to paragraph (c) shall be exempt from any other general or special law or regulation applicable to state agencies alone. (c) If the secretary of administration and finance fails to send the trustees a written notice disapproving the proposed transaction stating the reasons for such disapproval within thirty days after the receipt of the trustees' statement, the proposed transaction shall be deemed to have been approved. The trustees may take such actions as they deem appropriate to cure any problems identified by said secretary and resubmit such proposals. Chap. 110 (d) The trustees shall cause to be filed with the secretary of administration and finance, the secretary of education and the secretary of health and human services a copy of the operating budget of the university teaching hospital and all monthly financial statements summarizing activity within the hospital trust fund. The secretary of health and human services, or his designee, shall serve as a member of the hospital management board. Notice and minutes of all meetings of said board shall be sent to the secretary of administration and finance, the secretary of education and the secretary of health and human services on a timely basis. SECTION 132. Chapter 75 of the General Laws is hereby amended by adding the following section:- Section 38. (a) There shall be a National Pollution Control Technology Research and Development Institute, hereinafter referred to as the Institute, at a University of Massachusetts campus which has accredited programs in engineering and public health. (b) The purposes and responsibilities of the Institute shall be to: (1) Engage in research, development, and demonstration of pollution control technologies and waste minimization methods that may be utilized by business and industry, including but not limited to new or modified equipment or technology, new or modified processes or procedures, and reformulation or redesign of products. (2) Provide information regarding the availability and effectiveness of pollution control technologies and waste minimization methods to business and industry, through courses, seminars, conferences, and other events, and reports, updates, guides, and other publications, and other appropriate means of disseminating such information. (3) Provide consulting services and technical assistance to small businesses and others with respect to the development and utilization of pollution control technologies and waste minimization methods, through such means and methods, including but not limited to use of the small business development center at the university, as may be requested and/or specified by the recipients of such services and assistance. (c) The general court may annually appropriate such sums as it deems necessary for the maintenance, operation, and support of the institute. The institute may receive grants from public and private sources to carry out its activities and may impose fees, tuitions, and other financial charges for its programs, publications, and services. All monies appropriated to the Institute or received by the Institute through grants, gifts, bequests, or contracts shall be administered for the Institute by the trustees of the university pursuant to section eleven of this chapter. (d) The Institute may enter into contracts with corporations, foundations, other entities, and individuals concerning the conduct of work within the scope of its purposes and responsibilities, as well as concerning inventions, discoveries, research, or other work product, including patents, trademarks, copyrights, trade secrets and any other intellectual property, developed in connection with its work. Chap. 110 (e) There shall be a Pollution control technology advisory board associated with the Institute consisting of eleven members appointed by the governor. Two of such members shall be appointed from a list of names submitted by the secretary of the executive office of economic affairs, two of such members shall be appointed from a list of names submitted by the secretary of the executive office of environmental affairs, one of such members shall be appointed from a list of names submitted by the president of the senate, one of such members shall be appointed from a list of names submitted by the speaker of the house, one of such members shall be appointed from a list of names submitted by the director of the Institute, two of such members shall be appointed from a list of names submitted by the Massachusetts Chemical Technology Alliance, and two of such members shall be members of the general public. Each member of the board shall be appointed for a term of three years, provided that of the initial appointees to the board, four shall serve for an initial term of one year, four shall serve for an initial term of two years, and three shall serve for an initial term of three years. Each member shall serve for the term of his appointment and until his successor has been appointed, and any vacancy in the membership occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term. No member shall serve for more than two consecutive terms. Each member must have appropriate academic or professional experience. All members shall serve without compensation. (f) The institute shall be headed by a director. The institute shall work in cooperation with other programs, faculty, staff, and students of the university. The director of the Institute shall consult with the advisory board on issues relating to the programs, objectives, and operations of the Institute. (g) The university may adopt, and from time to time may amend or repeal, after consultation with the director of the institute, rules and regulations which they deem necessary to govern the programs and operations of the institute. SECTION 133. Subsection (h) of section twelve B of chapter seventy-six of the General Laws, shall be effective as of July first, nineteen hundred and ninety-three. SECTION 134. Section 19 of chapter 78 of the General Laws, as so appearing, is hereby amended by inserting after the third sentence the following sentence:- The board shall cooperate with the Library of Congress or its successors relative to the administration of the program of talking books and may expend such state, federal or other funds as are available for such purpose. SECTION 135. Section 8 A of chapter 79 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out in line 16 the words "at the rate of ten percent per annum" and inserting in place thereof the words:- at the rate calculated pursuant to the provisions of section thirty-seven. SECTION 136. Section 37 of said chapter 79, as so appearing, is hereby amended by striking out, in lines 2 and 9, the words:- "often percent per annum" and inserting in place thereof, in each instance, the words:- calculated pursuant to the provisions of this section. Chap. 110 SECTION 137. Said section 37 of said chapter 79, as so appearing, is hereby further amended by adding the following two paragraphs:- Interest required to be paid under this chapter shall be at an annual rate equal to the coupon issue yield equivalent, as determined by the United States Secretary of the Treasury, of the average accepted auction price for the last auction of 52-week United States Treasury bills settled immediately before the date of taking; provided, however, that such interest shall not exceed the rate often percent per annum. The secretary of administration and finance shall maintain a schedule of the rates described herein for distribution, upon request, to all clerks of courts and all board of officers upon whom authority to take real estate by eminent domain under this chapter on behalf of any body politic or corporate that has been conferred by law. SECTION 138. Section 39 of said chapter 79, as so appearing, is hereby amended by striking out in line 15 the words "often percent per annum" and inserting in place thereof the words:- calculated pursuant to the provisions of section thirty-seven. SECTION 139. The eighth paragraph of section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following three sentences:- The registrar shall make available to the owners of private passenger motor vehicles registered in the counties of Barnstable, Dukes, or Nantucket, distinctive number plates which shall display on the face of said plate a design representing the Cape and Islands. This design shall consist of a gray and white seagull above a gray colored codfish below which sprigs of cranberries surround in a semi-circular manner a blue field in the shape of a scallop in which Barnstable, Dukes, and Nantucket counties are shown in gold, below all of which shall be a gold ribbon with the words "Cape Cod & Islands" emblazoned within. There shall be a twenty-five dollar fee for said plate in addition to the established registration fee for passenger motor vehicles; the portion of said fee remaining after the deduction of costs directly attributable to issuing said plate shall be transferred to the county commissioners of each county proportional to the sale of plates to vehicles registered in that county; provided, however, that fifty percent of the proceeds to each county shall be used to promote tourism, and fifty percent shall go to a county economic development group as determined by the county commissioners; provided, further, that in the case of Barnstable county, said county economic development group shall be the Cape Cod economic development council. SECTION 140. The second paragraph of subparagraph (1) of paragraph (2) of subdivision (1) of section 24 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the words "286 of c. 138 of the acts of 1991" and inserting in place thereof the following words:- seventy-one of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two. SECTION 141. Section 34 of said chapter 90 is hereby amended by adding the following paragraph:- Revenues credited to the Highway Fund shall not be transferred to any other fund of the commonwealth for any purpose. Chap. 110 SECTION 142. Section 27 of chapter 94C of the General Laws, as so appearing, is hereby amended by adding the following subsection:- (f) Notwithstanding any general or special law to the contrary, needles and syringes may be distributed or possessed as part of a pilot program approved by the department of public health in accordance with section two hundred and fifteen of chapter one hundred and eleven and any such distribution or exchange of said needles or syringes shall not be a crime. The department of public health shall ensure that individuals participating in a pilot needle exchange program will be encouraged to seek and will be placed in contact with substance abuse treatment and health care. SECTION 143. The third paragraph in subsection (d) of section 47 of chapter 94C of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The district attorney or attorney general shall expend at least ten percent of the monies and proceeds for drug rehabilitation, drug education and other anti-drug or neighborhood crime watch programs which further law enforcement purposes. SECTION 144. Said third paragraph of said subsection (d) of said section 47 of said chapter 94C, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following two sentences:- Within ninety days of the close of fiscal year nineteen hundred and ninety-three and on each January fifteenth thereafter, each district attorney and the attorney general shall file a detailed report with the house and senate committees on ways and means on the deposit and expenditure of all monies in the trust fund including, but not limited to, the use of such monies for the purposes of protracted investigations, provision of technical equipment, drug rehabilitation, drug education, and other anti-drug or neighborhood crime watch programs. Reports filed with said committees annually on January fifteenth shall detail said deposit and expenditure of all monies for the preceding fiscal year and the current fiscal year through December thirty-first. SECTION 145. The fourth paragraph in said subsection (d) of said section 47 of said chapter 94C, as so appearing, is hereby amended by adding the following sentence:- Within ninety days of the close of fiscal year nineteen hundred and ninety-three and on each January fifteenth thereafter, each chief of police of such city or town shall file a detailed report with the division of local services of the department of revenue on the deposit and expenditure of all monies in the special law enforcement trust fund including, but not limited to, the use of such monies for the purposes of protracted investigations, provision of technical equipment, drug education, and other anti-drug or neighborhood crime watch programs or other law enforcement purposes as the chief of police of such city or town, or the colonel of state police deems appropriate. SECTION 146. Section 70E of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the sixth paragraph the following paragraph: - Except in cases of emergency surgery, at least ten days before a physician operates on a patient to insert a breast implant, the physician shall inform the patient of the disadvantages and risks associated with breast implantation. The information shall include, Chap. 110 but not be limited to, the standardized written summary provided by the department. The patient shall sign a statement provided by the department acknowledging the receipt of said standardized written summary. Nothing herein shall be construed as causing any liability of the department due to any action or omission by said department relative to the information provided pursuant to this paragraph. The department of public health shall: (1) develop a standardized written summary, as set forth in this paragraph in layman's language that discloses side effects, warnings, and cautions for a breast implantation operation within three months of the date of enactment of this act; (2) update as necessary the standardized written summary; (3) distribute the standardized written summary to each hospital, clinic, and physician's office and any other facility that performs breast implants; and (4) provide the physician inserting the breast implant with a statement to be signed by the patient acknowledging receipt of the standardized written summary. SECTION 147. Section 150A of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out the fifteenth paragraph and inserting in place thereof the following paragraph:- The department shall allow any unlined landfill, owned or operated by a municipality or a solid waste district, to continue accepting refuse in compliance with existing approvals after January first, nineteen hundred and ninety-four; provided, that said municipality or district files a statement of intent with the department on or before August fifteenth, nineteen hundred and ninety-three, as to its intent to continue in operation after January first, nineteen hundred and ninety-four; provided further, that any landfill for which a statement of intent has been submitted shall operate in accordance with applicable federal and state statutes, regulations, existing approvals, and provisions included herein. For purposes of this paragraph, the term "existing approval" shall include any permit, site assignment, plan approval, condition of operation, or any other applicable order or rule governing the operations of a landfill issued or granted by a municipality, the department, or any other agency of the commonwealth, or for which an application was pending as of May first, nineteen hundred and ninety-three, when granted in accordance with applicable regulations; provided, that no such application shall be denied arbitrarily and capriciously. Any municipality or district which does not file such a statement of intent shall cease accepting refuse no later than January first, nineteen hundred and ninety-four, and shall commence closure of the landfill under its control subject to the approval of the department in accordance with regulations promulgated by the department. On or before October first, nineteen hundred and ninety-three, the department shall compile and publish a list of all landfills for which a statement of intent has been filed and classify separately, as supported by scientific data, those landfills which pose a significant threat to the public health, safety, or the environment, those landfills which pose a potential threat, and those landfills for which current scientific data demonstrate little or no present discernible threat or for which current data is inconclusive. In classifying landfills, the department shall utilize all available Chap. 110 scientific data, including, without limitation, any scientific data submitted by the municipality or the district and any additional scientific data generated by the department relative to an assessment of the actual or potential migration of leachate or other contaminants off the site of the landfill. The department shall publish the list and accept public comment on said list. The department shall, if requested by November first, nineteen hundred and ninety-three, by the chief executive officer of a municipality or a district with a landfill on the list, participate in a public meeting in the municipality or district to be scheduled at mutual convenience within sixty days of such request. By February first, nineteen hundred and ninety-four, the department shall issue a final revised list taking into account any additional information generated or received through the comment and meeting process. The department shall work in conjunction with a municipality or a district to establish a schedule for the municipality or district to commence and complete closure of the landfill, considering the risks posed by the landfill and the fiscal capacity of the municipality or district to be incorporated in a consent order. If an agreement is not reached, the department may order any landfill which is classified as a significant threat to public health, safety or the environment to cease operations and commence closure, or take such other action as the department deems necessary; provided, that the municipality or district may request an adjudicatory hearing on such order pursuant to chapter thirty A. A municipality or district operating a landfill classified by the department as a potential threat shall no later than July first, nineteen hundred and ninety-four, install a groundwater monitoring system approved by the department, and shall report the results of such monitoring to the department no more than quarterly thereafter. A municipality or district operating a landfill for which the department has determined little or no present discernible threat exists or for which current data is inconclusive shall no later than January first, nineteen hundred and ninety-five, install a groundwater monitoring system approved by the department, and shall report the results of such monitoring to the department no more than quarterly thereafter. It shall be a violation of this section to falsify or falsely report any monitoring results. If the results of such groundwater monitoring or other site specific assessment indicate that a landfill does pose a threat to public health, safety or environment, the department shall work in conjunction with a municipality or a district to establish a schedule for the municipality or district to commence and complete closure of the landfill, considering the risks posed by the landfill and the fiscal capacity of the municipality or district to be incorporated in a consent order. If an agreement is not reached, the department may order the municipality or district to cease operations and commence closure, or to take such other action as the department deems necessary; provided, that the municipality or district may request an adjudicatory hearing on such order pursuant to chapter thirty A. Nothing in this paragraph shall preclude the department from acting to address violations of this section, chapter twenty-one E or the regulations promulgated thereunder. SECTION 148. Chapter 111 of the General Laws is hereby amended by adding the following section:- Chap. 110 Section 215. The department of public health is hereby authorized to promulgate rules and regulations for the implementation of a pilot program for the exchange of needles in cities and towns within the commonwealth upon nomination by the department. Local approval shall be obtained prior to implementation of the pilot program in any city or town. Not later than one year after the implementation of said pilot program said department shall report the results of said program and any recommendations by filing the same with the joint legislative committees on health care and public safety. SECTION 149. Section 88 of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word "information" in lines 8 and 9 the following words:- , including, but not limited any modifications of pertinent laws, rules or regulations that would have an impact on the licensee. SECTION 150. Section 1 of chapter 117A of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the word "may" and inserting in place thereof the following word:- shall. SECTION 151. Chapter 118 of the General Laws, is hereby amended by inserting after section 1 the following two sections:- Section 1A. (a) For purposes of this section the following words shall have the following meanings:- (i) "TEMP", a program of Transitional Employment for Massachusetts Parents. TEMP shall consist of participation in placements approved by the department, for which a recipient may, or may not, be compensated. (b) No adult receiving benefits under this chapter shall receive any such benefits for more than two years, unless said adult: (i) works at least twenty hours per month in a job for which compensation is paid; or (ii) participates actively in a program of education or training recognized by the department; or (iii) participates at least twenty hours per week in a placement in TEMP unless exempt under the provisions. An adult shall be considered to have received benefits for two years when benefits have been paid on his/her behalf for any twenty-four calendar months since January first, nineteen hundred and ninety-two, whether or not said months are consecutive; provided, that for the purposes of this paragraph, a month shall be any part of a calendar month for which the adult was paid a benefit. (c) Notwithstanding the receipt of benefits for two years, an adult shall be exempt from participating in TEMP only if said adult is (i) unable to work because of a medical disability, as defined by the regulations of the department; or (ii) caring for a disabled person, in accordance with regulations of the department; or (iii) the parent of a child who is under the age at which full-time school attendance is mandatory in the city or town in which the child resides; or (iv) in need of child care and such care is not available, provided Chap. 110 the department may require participation in TEMP during the school hours of any school-aged child. (d) Attendance in a program of post-secondary education not beyond the baccalaureate level and recognized by the department shall be considered participation in an education or training program, provided the adult is taking the number of credit hours needed to ensure graduation from either a four-year program within six years or a two-year program within three and one half years, and, provided further, the adult has maintained a grade-point- average of a least 2.0 in a scale of 4.0, or its equivalent. The state university, several state colleges, and several community colleges, are individually authorized and directed to enter interagency service agreements with the department to provide necessary child care services to those recipients of assistance under this chapter who are attending college as part of an education and training program as described in this section. Said interagency service agreements shall ensure that each institution of higher education shall provide, to the extent feasible, on-site child care at a level sufficient to ensure child care for those recipients attending the individual institutions, and shall further provide that facilities used for child care serve as employers under the TEMP program. (e) If the adult fails to adhere to obligations concerning participation in TEMP, the department shall reduce the grant by the amount attributable to adult family members. Provided however, that the department has implemented and maintained the programs described in paragraph (b), clauses (ii) (iii). Section IB. (a) The department shall conduct a welfare-employment demonstration project, called "Families in Transition" (FIT) to test the effectiveness of measures designed to increase the percentage of families receiving aid under this chapter that obtain paid employment, obtain child support, and support themselves without cash assistance under this chapter. (b) (1) The FIT demonstration shall be conducted at a minimum of two welfare service offices, including one office serving an area which is primarily urban. (2) All recipients of aid to families with dependent children at least one of the demonstration sites will be given the opportunity to participate in FIT and a control group will be identified from a comparable welfare service office. (3) Recipients of aid to families with dependent children at other demonstration sites will be given the opportunity to participate in FIT unless they have been assigned to a control group consisting of not more than twenty-five percent of the recipients of cash benefits under this chapter in that service office. (c) Persons who participate in FIT shall be ineligible for cash aid to families with dependent children as long as they participate in FIT, but shall be eligible for the same Medicaid and child care services as recipients of cash benefits under this chapter. (d) (1) The duration of the demonstration shall be not less than three nor more than five years. (2) No family shall be eligible for FIT benefits once the demonstration project ends, unless the FIT program is extended by subsequent legislation. Chap. 110 (e) The maximum FIT monthly cash benefits shall be ninety dollars less than the maximum aid to families with dependent children benefit for a family of the same size and living arrangement. (f) (1) Gross earnings shall be counted against the maximum "FIT" cash benefit in determining the amount of such benefit, after deducting one dollar for every ten dollars in gross earnings up to the federal poverty level, and three dollars for every ten dollars in gross earnings above one percent of the federal poverty level but not above one hundred fifty percent of the federal poverty level. (2) No other deductions from earnings shall be permitted for FIT participants. (g) FIT participants shall be permitted to own one non-luxury vehicle as defined by department regulations and to accrue assets up to four thousand dollars. (h) The first one hundred fifty dollars in current child support per month paid on behalf of children of FIT participants shall be passed through to the family and shall not be counted in determining eligibility for FIT benefits. (i) The department of revenue shall give priority to requests for child support enforcement services from FIT participants. (j) The noncustodial parents of children of FIT participants shall be eligible for education and job training through the MassJOBS program operated by the department. (k) FIT participants who are employed, who have in their care a dependent child, who lose their eligibility for cash FIT benefits because of earnings from employment, and who received benefits under this chapter in at least three of the six months preceding the month of cash benefits termination shall be eligible for subsidized child care provided that they meet the financial eligibility criteria for such subsidized care and contribute to the cost of such care is accordance with the sliding scale formula established by the department for transitional child care for former recipients of aid to families with dependent children. (1) FIT participants who are employed, who have in their care a dependent child, who lose eligibility for cash FIT benefits under this chapter in at least three of the six months preceding the month of cash benefits termination shall be eligible for four six-month extensions of medicaid benefits in addition to those provided former recipients of aid to families with dependent children, provided that the family received medicaid during the six-month period preceding the extension and provided that the family meets the financial requirements and complies with reporting requirements set forth in department regulations for extended Medicaid for former recipients of aid to families with dependent children. (m) FIT participants shall be permanently disqualified from FIT benefits if any family member intentionally commits fraud while in the FIT program as determined by any process permitted for intentional program violations in the food stamp program. (n) Except as otherwise provided in this section, FIT participants shall be subject to all rules governing recipients of benefits under this chapter. SECTION 152. Section 2 of chapter 118 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 4, the words "resides in the Chap. 110 commonwealth" and inserting in place thereof the following words:- has resided in the commonwealth for at least ninety consecutive days immediately prior to the making of an application for aid under this chapter. SECTION 153. Section 3 of said chapter 118, as so appearing, is hereby amended by inserting after the word "to", in line 25, the following words:- thirty days after. SECTION 154. Said section 3 of said chapter 118, as so appearing, is hereby further amended by striking out, in lines 36 and 37 the words "attending high school or is of high school age" and inserting in place thereof the following words:- at least six years of age. SECTION 155. Said section 3 of said chapter 118, as so appearing, is hereby further amended by striking out, in line 52, the words "high school" and inserting in place thereof the following words:- six years of. SECTION 156. Said section 3 of said chapter 118, as so appearing, is hereby further amended by striking out the last sentence." SECTION 157. Chapter 118F of the General Laws is hereby amended by inserting after section 17Athe following section-Section 17B. There is hereby established a managed care program of uninsured primary and preventative health care services for the benefit of dependent and adopted youths from age six through age twelve. Said program shall be administered by the department which shall have authority to promulgate regulations for the implementation of the requirements established by this section. Said program shall be funded by appropriations from the health protection fund established pursuant to section two T of chapter twenty-nine. Health care services made available under said program shall include the following:- (1) Preventative pediatric care in a participating doctor's office, community health center, health maintenance organization or school-based clinic, including not less than one well-child visit a year, immunizations, tuberculin testing, hematocrit, hemoglobin and other appropriate blood testing, urinalysis, and routine tests to screen for lead poisoning; provided, that services provided by a participating independent laboratory for diagnostic laboratory tests shall be reimbursed by said program; (2) Unlimited sick visits in a participating doctor's office, community health center, health maintenance organization, school-based clinic or a patient's home; (3) Emergency care in the outpatient department or emergency room of a participating hospital of up to one thousand dollars per year, including related laboratory and diagnostic radiology services and the professional radiological component for the prompt treatment of an accidental injury, including fractures, dislocations and burns, or a medical emergency; (4) First-aid treatment and follow up care, including the changing or removal of casts, burn dressings or sutures, in a participating doctor's office, community health center, health maintenance organization or school-based clinic; (5) Outpatient surgery and anesthesia for inguinal hernia and ear tubes, but not including the professional component for related radiology or pathology services; Chap. 110 (6) Medically necessary outpatient mental health services not to exceed twenty-six visits per year; (7) Prescription drugs up to one hundred dollars per year, provided that program enrollees shall be charged a copayment of three dollars for each interchangeable drug prescription and four dollars for each brand-name drug prescription, except as provided herein; (8) Mandatory enrollment of program enrollees in a smoking education program certified for participation by the department in consultation with the department of public health. Said program shall include cost containment measures to ensure that only medically necessary services are rendered to program enrollees. Said program shall incorporate eligibility standards according to the following schedule: persons with gross family incomes up to one hundred and thirty-three percent of the federal poverty level, inclusive, shall not be responsible for any program costs; persons with gross family incomes exceeding one hundred and thirty-three percent level through two hundred percent of the federal poverty level, inclusive, shall be responsible for copayments; persons with gross family incomes exceeding two hundred percent through four hundred percent of the federal poverty level, inclusive, shall be responsible for the first forty percent of premium costs; and persons with gross family incomes exceeding four hundred percent of the poverty level shall be responsible for the full premium cost of said program. Copayments established for said program shall be based on a sliding scale established by the department. Premiums, sliding fees or other revenues generated by said program shall be deposited in the General Fund and made available to said program subject to appropriation. The department shall promulgate regulations necessary to implement the requirements of this section in consultation with the department of public health and the division of medical administration within the executive office of health and human services. The department shall further cooperate with the said division to maximize federal reimbursements made on behalf of enrollees in said program, including federal financial participation made available under Title XIX of the Social Security Act. SECTION 158. Section 55 of chapter 119 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "child", in line 9, the second time it appears, the following words:- and why it is not in such child's best interest that he be removed from his home and whether reasonable efforts were made to prevent or eliminate the need for removal from his home. SECTION 159. Section 58 of said chapter 119, as so appearing, is hereby amended by adding the following paragraph:- Whenever a court of competent jurisdiction adjudicates a child as delinquent and commits the child to the department of youth services, the court, in order to comply with the requirements contained in the federal Adoption Assistance and Child Welfare Act of 1980 and any amendments thereto, shall receive evidence in order to determine whether continuation of the child in his home is contrary to his best interest, and whether reasonable Chap. 110 efforts were made prior to the commitment of the child to the department, to prevent or eliminate the need for removal from his home; or whether an emergency situation existed making such efforts impossible. No such determination shall be made unless the parent or guardian of the delinquent shall have been summoned before the court and, if present, given an opportunity to be heard. The court, in its discretion, may make its determinations concerning said best interest and reasonable efforts in written form, but in the absence of a written determination to the contrary, it shall be presumed that the court did find that continuation of the child in his home was contrary to his best interest and that reasonable efforts to prevent or eliminate the need for removal of the child from his home did occur. Nothing in this section shall diminish the department's responsibility to prevent delinquent acts and to protect the public safety. SECTION 160. Section 84 of said chapter 119, as so appearing, is hereby amended by inserting after the word "welfare", in line 26, the following words:- and best interest, -and by inserting after the word "training", in line 27, the following words:- , and said court also finds that reasonable efforts were made to prevent or eliminate the need for the defendant's removal from his home or that an emergency situation made such efforts impossible. SECTION 161. Section 5 of chapter 120 of the General Laws, as so appearing, is hereby amended by adding the following subsection: - (e) Within eighteen months of the original commitment of a child to the department by a court of competent jurisdiction, and periodically thereafter, the committing court shall reconvene upon petition of the department, in accordance with rules established by the chief administrative judge of the trial court, to determine the future status of the child as to whether or not it is in the child's best interests to be returned to his home. All such determinations shall indicate whether, after the departmental placement of the child, reasonable efforts were made to make it possible for the child to return to his home. SECTION 162. Section 39 of chapter 121B of the General Laws, as so appearing, is hereby amended by inserting in line 6 after the word "chapter" the following words:- provided, however, that the secretary of communities and development shall issue regulations requiring that in any state-funded project which contains units for both elderly persons of low income and handicapped persons of low income, the number of units occupied by non-elderly persons shall not exceed ten percent of the total number of units; provided, further, that the secretary shall develop and implement said regulations in a manner consistent with relevant federal laws. SECTION 163. Section 10 of chapter 132B of the General Laws, as so appearing, is hereby amended by inserting after the word "applicator", in line 12, the following words:- provided, however, that the department shall require that all persons who are applicators of pesticides in public and private places used for human occupation and habitation, except residential properties with three or less dwelling units, shall be so licensed or certified with such special designation. Chap. 110 SECTION 164. Section 84 of chapter 146 of the General Laws is hereby amended by adding the following paragraph:- For the enforcement of the provisions of this section, members of the bureau may enter places of employment, make investigations and have access to all records pertaining to, or necessary for ascertaining, the license-status of master pipefitters, and those engaged to work as journeymen or apprentice pipefitters, refrigeration technicians, fire protection sprinkler system contractors or as sprinkler fitters. SECTION 165. Section 148B of said chapter 149, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 1, the word "section" and inserting in place thereof the following word:- chapter. SECTION 166. Section 1 of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out the definitions of "Assistant commissioner" and "Associate commissioners." SECTION 167. Said section 1 of said chapter 149, as so appearing, is hereby further amended by striking out the definition of "Commissioner" and inserting in place thereof the following definition: - "Commissioner", the commissioner of labor and industries who shall be the secretary of labor appointed pursuant to chapter six A. SECTION 168. Said chapter 149 is hereby further amended by striking out section 7, as so appearing, and inserting in place thereof the following section-Section 7. The commissioner may appoint committees, on which employees and employers shall be represented, to make investigations and recommend rules and regulations pertaining to the enforcement duties of the department. SECTION 169. Section 8 of said chapter 149, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Such rules and regulations shall, subject to section thirty-seven of chapter thirty, take effect thirty days after such hearing, or at such later time as the commissioner may fix. SECTION 170. Section 9 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 2, 5 and 9, the words "associate commissioners" and inserting in place thereof, in each instance, the following word:- commissioner. SECTION 171. Section 15 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "With the approval of the associate commissioners and the assistant commissioner, the" and inserting in place thereof the following:- The. SECTION 172. Section 17 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "the assistant commissioner and the associate commissioners". SECTION 173. Section 27 of said chapter 149, as so appearing, is hereby amended by adding the following paragraph:- When an investigation by the attorney general's office reveals that a contractor or subcontractor has violated this section by failing to pay said rate or rates of wages, including Chap. 110 payments to health and welfare funds and pension funds, or the equivalent payment in wages, on said works to any person performing work within classifications as determined by the commissioner, or that a contractor or subcontractor has, for himself, or as representative, agent or officer of another, taken or received for his own use or the use of any other person, as a rebate, refund or gratuity, or in any other guise, any portion of the wages, including payments to health and welfare funds and pension fiinds, or the equivalent payment in wages, paid to any such person for work done or service rendered on said public works, the attorney general may, upon written notice to the contractor or subcontractor and the sureties of the contractor or subcontractor, and after a hearing thereon, order work halted on the part of the contract on which such wage violations occurred, until the defaulting contractor or subcontractor has filed with the attorney general's office a bond in the amount of such penal sum as the attorney general shall determine, conditioned upon payment of said rate or rates of wages, including payments to health and welfare funds and pension funds, or the equivalent payment in wages, on said works to any person performing work within classifications as determined by the commissioner. Any employee claiming to be aggrieved by a violation of this section may, at the expiration of ninety days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within three years of such violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief and any damages incurred, including treble damages for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees. SECTION 174. The first paragraph of section 27B of said chapter 149, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- Every contractor and subcontractor required to keep such a record shall submit a copy of said record to the awarding authority on a weekly basis. SECTION 175. Section 27C of said chapter 149, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "the four preceding sections" and inserting in place thereof the following words:- sections twenty-six, twenty-seven, twenty-seven A, twenty-seven B, twenty-seven F, twenty-seven G and twenty-seven H. SECTION 176. Said section 27C of said chapter 149, as so appearing, is hereby further amended by striking out in lines 11, 17 and 18, 25 and 29, the words "or twenty-seven B" and inserting in place thereof, in each instance, the following words:- , twenty-seven B, twenty-seven F, twenty-seven G or twenty-seven H. SECTION 177. Section 27F of said chapter 149, as so appearing, is hereby amended by adding the following paragraph:- Any employee claiming to be aggrieved by a violation of this section may, at the expiration of ninety days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within three years of such violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly Chap. 110 situated, a civil action for injunctive relief and any damages incurred, including treble damages for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees. SECTION 178. Section 27G of said chapter 149, as so appearing, is hereby amended by adding the following paragraph:- Any employee claiming to be aggrieved by a violation of this section may, at the expiration of ninety days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within three years of such violation, institute and prosecute in his own name arid on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief and any damages incurred, including treble damages for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees. SECTION 179. Section 27H of said chapter 149, as so appearing, is hereby amended by adding the following paragraph:- Any employee claiming to be aggrieved by a violation of this section may, at the expiration of ninety days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within three years of such violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief and any damages incurred, including treble damages for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees. SECTION 180. Said chapter 149 is hereby amended by striking out section 54, as so appearing, and inserting in place thereof the following section: - Section 54. The department shall investigate core rooms where workers are employed, and shall make rules regulating the employment of workers therein. The rules shall relate to the structure and location of the roorris, the emission of gases and fumes from ovens, and the size and weight which the workers shall be allowed to lift or work on. A copy of the rules shall be posted in every core room where workers are employed. Whoever violates any such rule shall be punished by a fine or not less than one hundred nor more than three thousand dollars. SECTION 181. Section 148 of said chapter 149, as so appearing, is hereby amended by striking out the fourth paragraph. SECTION 182. Section 150 of said chapter 149, as appearing in the 1990 Official Edition, is hereby amended by adding the following paragraph:- Any employee claiming to be aggrieved by a violation of section one hundred and forty-eight, one hundred and forty-eight B, one hundred and fifty C, one hundred and fifty-two and one hundred and fifty-two A may, at the expiration of ninety days after the filing of a complaint with the attorney general, or sooner, if the attorney general assents in Chap. 110 writing, and within three years of such violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief and any damages incurred, including treble damages for any loss of wages and other benefits. An employee so aggrieved and who prevails in such an action shall be entitled to an award of the costs of the litigation and reasonable attorney fees. SECTION 183. Section IB of chapter 151 of the General Laws, as so appearing, is hereby amended by inserting after the word "action", in line 11, the following words:- three times. SECTION 184. Section 2 of said chapter 151, as so appearing, is hereby amended by striking out, in line 4, the words ", and assistant commissioner". SECTION 185. Section 20 of said chapter 151, as so appearing, is hereby fiirther amended by inserting after the word "action", in line 6, the following words:- three times. SECTION 186. Section 25 of chapter 151A of the General Laws, as so appearing, is hereby amended by striking out, in lines 103 to 106, inclusive, the words ", or to a knowing violation of a reasonable and uniformly enforced rule or policy of the employer, provided that such violation is not shown to be as a result of the employee's incompetence." SECTION 187. Chapter 151A of the General Laws is hereby amended by inserting after section 64 the following section:- Section 64A. The commissioner shall on or before July first of each year provide to the chairman of the board of assessors in each city and town a list of all employers located in the city and town that qualified for an exemption pursuant to section five I of chapter fifty-nine during the previous year. This list shall be confidential and shall be used only by the assessors or employees designated by the assessors for the purpose of determining eligibility for property tax exemptions pursuant to said section five I of said chapter fifty-nine. Any other use of this list or information contained therein or disclosure of the names of employers on said list to persons other than assessors or designated employees shall be punishable by a fine of one hundred dollars. SECTION 188. Paragraph (k) of subsection (1) of section 36 of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out the second sentence. SECTION 189. Section 13 of chapter I59B of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Motor vehicles owned by the commonwealth or any of its political subdivisions and motor vehicles engaged in the transportation of non-hazardous waste materials shall be subject to section eighteen, but shall be exempt from all other provisions of this chapter. SECTION 190. Section 18 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "and" and inserting in place thereof the following words:- except as hereinafter provided, and. SECTION 191. Said section 18 of said chapter 161 A, as so appearing, is hereby further amended by adding the following paragraph:- Chap. 110 Real property of the authority, other than its transit facilities, if leased, used, or occupied in connection with a business conducted for profit, shall at the discretion of the municipality, for the privilege of such lease, use or occupancy be valued, classified, assessed and taxed annually as of January first to the lessee, user or occupant in the same manner and to the same extent as if such lessee, user or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by chapter sixty for the collection of annual taxes upon real estate. SECTION 192. Section 19J of said chapter 161A, as so appearing, is hereby amended by striking out, in lines 11 to 17, inclusive, the words"; provided, however, that nothing in this section shall preclude the parties to a collective bargaining agreement under this chapter which provides that such employees shall pay a percent share of such premium cost or rate which is higher than the rate established in section eight of chapter thirty-two A; provided, further, that no employee's health insurance contributions shall be reduced by this section". SECTION 193. Section 13 of chapter 161B of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the word "assessments", in line 3, the following words:- except as hereinafter provided. SECTION 194. Said section 13 of said chapter 161B, as so appearing, is hereby further amended by adding the following paragraph :- Real property of the authority, other than its transit facilities, if leased, used, or occupied in connection with a business conducted for profit, shall at the discretion of the municipality, for the privilege of such lease, use or occupancy be valued, classified, assessed and taxed annually as of January first to the lessee, user or occupant in the same manner and to the same extent as if such lessee, user or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by chapter sixty for the collection of annual taxes upon real estate. SECTION 195. Chapter 165 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after section 2A the following new section:- Section 2B. All municipalities or water districts shall institute water charges and fees that incorporate a base rate for all users; provided, that said base rate shall be increased at Chap. 110 an increasing block rate to fairly reflect the resource demand and consumption of high volume users of water. SECTION 196. Sections sixty-seven and one hundred and ninety-six shall take effect on July first, nineteen hundred and ninety-four. SECTION 197. Section 2 of chapter 166A of the General Laws, as so appearing, is hereby amended by adding the following paragraph:- The commission is authorized to make an assessment for each fiscal year against each licensee under this chapter with operating revenues exceeding one million dollars based upon the operating revenues of each licensee derived from sales within the commonwealth of such community antenna television service as shown in the most recent annual report to the commission of each said licensee. Said assessment shall be determined and certified by the commission so as to produce not more than five hundred and twenty thousand dollars in revenue for each fiscal year to be allocated among such licensees in the proportion that each licensee's share of such operating revenues bears to the total of all such licensees in the commonwealth during the previous calendar year. The funds produced by such assessment shall be allocated to the administrative, operational, equipment and personnel expenses of the commission, subject to appropriation. SECTION 198. Section 38 of chapter 167 of the General Laws, as so appearing, is hereby amended by striking out, in lines 103 and 106 the word "fifteen" and inserting in place thereof, in each instance, the following word:- twenty-five. SECTION 199. Section 2 of chapter 167A of the General Laws, as so appearing, is hereby amended by striking out, in lines 21 and 43, the word "fifteen" and inserting in place thereof, in each instance, the following word:- twenty-five. SECTION 200. Section 108 of chapter 175 of the General Laws, as so appearing, is hereby amended by adding the following subdivision:- 10. To the extent that this section is inconsistent with the provisions of chapter one hundred and seventy-six K, and any regulations promulgated thereunder, medicare supplement insurance plans as defined in said chapter one hundred and seventy-six K shall be subject to the provisions of said chapter one hundred and seventy-six K. SECTION 201. Section one hundred and eight F of said chapter one hundred and seventy-five is hereby repealed. SECTION 202. Section 10A of chapter 175A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 19, the word "commissioner" and inserting in place thereof the following word:- secretary. SECTION 203. Section 1A of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out the third paragraph. SECTION 204. Section 6 of said chapter 176A, as so appearing, is hereby amended by inserting after the word "Contracts", in line 1, the following words:- , except contracts providing supplemental coverage to medicare subject to the provisions of chapter one hundred and seventy six K,. Chap. 110 SECTION 205. Said section 6 of said chapter 176A, as so appearing, is hereby further amended by striking out the third paragraph. SECTION 206. Section 8 of said chapter 176A, as so appearing, is hereby further amended by adding the following paragraph:- (8) To the extent that this section is inconsistent with the provisions of chapter one hundred and seventy-six K, and any regulations promulgated thereunder, medicare supplement insurance plans as defined in said chapter one hundred and seventy-six K shall be subject to the provisions of said chapter one hundred and seventy-six K. SECTION 207. Section 10 of said chapter 176A, as so appearing, is hereby amended by striking out, in lines 33 and 34, the words "filed with and subject to prior approval by the commissioner as provided in section six" and inserting in place thereof the words:- subject to the provisions of chapter one hundred and seventy-six K. SECTION 208. Section 4 of chapter 176B of the General Laws, as so appearing, is hereby amended by striking out the fourth paragraph. SECTION 209. Said section 4 of said chapter 176B, as so appearing, is hereby further amended by striking out, in lines 86 and 87, the words "shall be subject to the provisions of this section requiring prior filing and prior approval of the commissioner" and inserting in place thereof the words:- shall be subject to the provisions of chapter one hundred and seventy-six K. SECTION 210. Said section 4 of said chapter 176B, as so appearing, is hereby further amended by adding the following paragraph:- To the extent that this section is inconsistent with the provisions of chapter one hundred and seventy-six K, and any regulations promulgated thereunder, medicare supplement insurance plans as defined in said chapter one hundred and seventy-six K shall be subject to the provisions of said chapter one hundred and seventy-six K. SECTION 211. Section 6 of said chapter 176B, as so appearing, is hereby amended by adding the following paragraph:- To the extent that this section is inconsistent with the provisions of chapter one hundred and seventy-six K, and any regulations promulgated thereunder, medicare supplement insurance plans as defined in said chapter one hundred and seventy-six K shall be subject to the provisions of said chapter one hundred and seventy-six K. SECTION 212. Section 3A of chapter 176D of the General Laws, as so appearing, is hereby amended by inserting after the word "services", in line 20, the following:- ; (v) refusal to enter into a contract with a health care facility solely on the basis of the facility's governmental affiliation. SECTION 213. Section 16 of chapter 176G of the General Laws, as so appearing, is hereby amended by adding the following paragraph:- To the extent that this chapter is inconsistent with the provisions of chapter one hundred and seventy-six K, and any regulations promulgated thereunder, medicare supplement insurance plans as defined in said chapter one hundred and seventy-six K shall be subject to the provisions of said chapter one hundred and seventy-six K. Chap. 110 SECTION 214. Section eighteen of said chapter one hundred and seventy-six G is hereby repealed. SECTION 215. The General Laws are hereby amended by inserting the after chapter 176J following chapter:- CHAPTER 176K. MEDICARE SUPPLEMENT INSURANCE PLANS. Section 1. As used in this chapter the following words shall have the following meanings, unless the context clearly requires otherwise: "Actuarial opinion", a signed written statement by a member of the American Academy of Actuaries based upon the member's examination, including a review of the appropriate records and of the actuarial assumptions and methods utilized by the carrier in establishing premium rates for policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to a risk or cost contract. "Carrier", an insurer licensed or otherwise authorized to transact accident and health insurance under chapter one hundred and seventy-five; a non-profit hospital service corporation organized under chapter one hundred and seventy-six A; a medical service corporation organized under chapter one hundred and seventy-six B; a health maintenance organization organized under chapter one hundred and seventy-six G; and any entity approved by the commissioner under chapter one hundred and seventy-six I to operate an insured health plan that includes a preferred provider arrangement which deliver or issue for delivery in the Commonwealth policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to risk or cost contracts." "Commissioner", the commissioner of insurance. "Community rating", a rating methodology in which the premium for all persons covered by a particular policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract is the same, based on the experience of all persons covered by the plan, without regard to age, sex, health status, or occupation, or any other factor which the commissioner may specify by regulation. "Eligible person", any person who resides in the commonwealth for at least six consecutive months of each calendar year and who is eligible for or enrolled in Medicare coverage for both hospital and physician services due to age or disability, and who is not eligible for employer-sponsored health care coverage, other than a person eligible for Medicare coverage due solely to end-stage renal disease. "Guaranteed renewable", a policy provision whereby the insured has the right to continue the policy for medicare supplement insurance or medicare select insurance or policy issued pursuant to a risk or cost contract in force by the timely payment of premiums and the carrier has no unilateral right to make any change in any provision of the plan while the plan is in force, unless approved by the commissioner, and cannot cancel or decline to renew, except for the nonpayment of premium, or material misrepresentation. "Initially eligible for coverage", the date when an eligible person first enrolled for benefits under Medicare Part B, lost employer-sponsored health coverage due to termination Chap. 110 of employment or because of employer bankruptcy, moved out of the service area of a health maintenance organization or became a resident of the commonwealth. "Insured", a subscriber, policyholder, member, enrollee or certificate holder. "Late enrollee", an eligible person who has submitted an application for a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract after the six month period beginning with the first month in which the individual first enrolled for benefits under Medicare part B, or lost employer-sponsored coverage due to termination of employment or because of employer bankruptcy, or became a resident of the commonwealth; provided, however, that an eligible person shall not be considered a late enrollee if the person was covered under a previous health plan and the previous coverage was continuous to a date not more than thirty days prior to the effective date of the new coverage. "Medicare", Health Insurance for the Aged Act, Title XVIII of the Social Security Act Amendments of 1965, as then constituted or later amended. "Medicare select insurance", a type of health insurance issued by a carrier which is Medicare Supplement Insurance which contains restricted network provisions and is issued under a demonstration project authorized pursuant to amendments to the federal Social Security Act. "Medicare supplement insurance", a type of health insurance issued by a carrier, other than a policy issued pursuant to a contract under Section 1876 or Section 1833 of the federal Social Security Act (42 U.S.C. Section 1395 et. seq.), or a policy issued under a demonstration project authorized pursuant to amendments to the federal Social Security Act, which is advertised, marketed or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical or surgical expenses of persons eligible for Medicare. "OBRA 90", the federal Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508) and as this act has been subsequently amended. "Policy issued pursuant to a risk or cost contract", a policy issued by a health maintenance organization organized under chapter one hundred seventy-six G pursuant to a contract under Section 1876 or Section 1833 of the federal Social Security Act (42 U.S.C. Section 1395 et. seq). "Participate in the market", to offer, sell, issue, deliver, or otherwise make effective, or renew, a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract. "Policy", any policy, certificate, contract, agreement, statement of coverage, rider or endorsement issued by a carrier for medicare supplement insurance, medicare select insurance, or pursuant to a risk or cost contract. "Preexisting conditions limitation or exclusion", a policy provision which limits or excludes coverage for charges or expenses incurred following the insured's effective date as to a condition for which medical advice was given or treatment was recommended by or received from a physician within six months before the effective date of coverage. Chap. 110 "Waiting period", a period immediately subsequent to the effective date of an insured's coverage during which the insurance coverage does not pay for some or all hospital or medical expenses. Section 2. (a) Notwithstanding the provisions of any other law to the contrary, and subject to the provisions of OBRA 90 and Section 1882 of the federal Social Security Act (42 U.S.C. Section 1395 et. seq.), any policy for medicare supplement insurance or medicare select insurance or policy issued pursuant to a risk or cost contract offered, sold, issued, delivered, or otherwise made effective or renewed by a carrier in the commonwealth after July first, nineteen hundred and ninety-three shall comply with the provisions of this chapter. (b) A carrier that participated in the market on or after a date set by the commissioner by regulation may not withdraw from the market until all insureds of such carrier have had the opportunity to join a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract offered by another carrier during the next annual open enrollment period or other enrollment period required in section three. (c) A carrier that withdraws from the market on or after the effective date of this act may not participate in the market in the commonwealth for five years from the date of withdrawal, unless the commissioner finds that such re-entry shall be permitted earlier than said five years due to a compelling public interest. Section 3. (a) No carrier participating in the market shall, at any time, deny or condition the issuance of any policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract available for sale in the commonwealth, nor discriminate in the pricing of such a plan, to any eligible person because of the age, health status, claims experience, receipt of health care, medical condition of the eligible person, or any other factor which the commissioner may specify by regulation. (b) No policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract may contain any waiting period or pre-existing condition limitation or exclusion. (c) No carrier participating in the market shall deny or condition the issuance of any policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract available for sale in the commonwealth, nor discriminate in the pricing of such a policy, to an eligible person when an application for such a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract is submitted during the six month period beginning at the time the eligible person became initially eligible for coverage. (d) Every carrier that participates in the market shall offer a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk orcost contract during an open enrollment period for eligible persons commencing on February first and ending on March thirty-first of each year, for coverage to be effective June first of that year or no later than Medicare coverage is first effective, whichever is later. Every carrier that participates in the market shall make available during the required open Chap. 110 enrollment period to every eligible person all policies for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract which that carrier is authorized to issue pursuant to section four. (e) A carrier may offer, sell, issue, deliver, or otherwise make effective or renew a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract to an eligible person at any other time of the year, provided said carrier complies with the requirements of this chapter. (f) A health maintenance organization shall not be required to accept applications from or offer coverage to an eligible person if: (i) the eligible person does not reside in the health maintenance organization's approved service area; or, (ii) within said area, the health maintenance organization demonstrates to the satisfaction of the commissioner that it will not, within said area, have the capacity in its network of providers to deliver services adequately to new eligible persons because of obligations to existing enrollees; provided that a health maintenance organization that makes such a demonstration to the satisfaction of the commissioner may not offer coverage in such applicable area to any other new enrollees or groups until the later of ninety days after each such refusal or the date on which the carrier notifies the commissioner that it has regained capacity to deliver services to eligible persons for policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract coverage. (g) Any carrier shall make available all its policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to a risk or cost contract to any eligible person of the commonwealth whose coverage under a policy issued pursuant to a risk or cost contract has been canceled because the health maintenance organization's contract with Medicare has been terminated. Such coverage shall comply with all provisions of this chapter, and shall become effective on the date that coverage under the risk or cost contract ends. (h) The commissioner may by regulation waive provisions of this section for policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to a risk or cost contract issued in the commonwealth prior to the effective date of OBRA 90, or such other date as the commissioner may specify by regulation in order to comply with the provisions of OBRA 90 or for any other compelling interest which the commissioner finds does not significantly affect the market for such policies or contracts in the commonwealth. Section 4. (a) The commissioner shall, to the extent permitted by OBRA 90, promulgate by regulation the plans for medicare supplement insurance and medicare select insurance, and the benefits for those plans, which may be offered, sold, issued, or delivered, or renewed by a carrier on or after a date set by the commissioner by regulation. (b) Any policy issued pursuant to a risk or cost contract shall comply with the requirements of chapter one hundred seventy-six G and any regulations promulgated thereunder, provided however, that each policy issued pursuant to a risk or cost contract shall Chap. 110 provide prescription drug coverage that meets or exceeds minimum standards determined by the commissioner pursuant to regulation. The minimum prescription drug coverage required in any policy issued pursuant to a risk or cost contract shall be comparable to that required in plans for medicare supplement insurance and medicare select insurance. On or after a date established by the commissioner by regulation pursuant to this chapter, no carrier may offer, sell, issue, or deliver any policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract unless it complies with the benefit designs set forth in the commissioner's regulations. The provisions of this section shall also apply to all policies for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract renewed by any carrier during and after the first calendar quarter of nineteen hundred and ninety-four. Except as authorized by this chapter, as of the end of the first calendar quarter of nineteen hundred and ninety-four, all policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to a risk or cost contract in force in the commonwealth shall comply with the requirements of this chapter. The commissioner shall promulgate regulations to implement and enforce this section. Section 5. Any eligible person who applies on or after a date set by the commissioner pursuant to regulation for a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract from any carrier participating in the market in the commonwealth, during the six month period beginning at the time the person became initially eligible for coverage shall have the right to any of the policies for medicare supplement insurance or medicare select insurance authorized in the commissioner's regulations from any carrier that provides policies issued pursuant to a risk or cost contract and shall have the right to the policy issued pursuant to a risk or cost contract authorized in the commissioner's regulations from any carrier that provides a policy issued pursuant to a risk or cost contract. The commissioner may require every carrier that participates in the market for medicare supplement insurance to offer more than a single type of benefit plan to an eligible person. Notwithstanding any provision of this chapter concerning guaranteed renewability, the commissioner may by regulation establish a process for the conversion of every carrier's business in force as of a date established in such regulations into the policy for medicare supplement insurance or medicare select insurance authorized by section four. The commissioner may by regulation require that this conversion process be completed by the end of the first calendar quarter of nineteen hundred and ninety-four and implemented through a required special open enrollment period prior to nineteen hundred and ninety-four, during which period eligible persons may enroll without a surcharge for late enrollment and upgrading. Every policy for medicare supplement insurance or medicare select insurance or policy issued pursuant to a risk or cost contract authorized to be offered, sold, issued, delivered, or otherwise made effective, or renewed on or after a date established by the commissioner pursuant to this chapter shall be a guaranteed renewable plan with respect to Chap. 110 an eligible person at the option of the eligible person. A carrier that participated in the market may, however, in its discretion and to the extent permitted by OBRA 90, refuse to offer, sell, issue, deliver, or otherwise make effective, or renew a medicare supplement insurance policy, medicare select insurance policy, or a policy issued pursuant to a risk or cost contract, or upon reasonable notice, cancel such a plan of any person due to non-payment of premium or material misrepresentation, or because the person does not live in or has moved out of the health maintenance organization service area, or has not resided in the commonwealth for the past six months, or for any other cause which may be approved by the commissioner. Section 6. A carrier shall not participate in the market unless the policy form or certificate form has been filed with and approved by the commissioner. Section 7. (a) Any policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract offered, sold, issued, delivered, or otherwise made effective, or renewed, on or after a date established by the commissioner, by any carrier in the commonwealth shall be community rated. (b) The commissioner may by regulation permit a carrier whose approved service area includes several different geographical regions of the commonwealth to use separate rates for different portions of its service area, provided the carrier's proposed regions do not contain configurations designed to avoid or segregate particular areas. (c) As of February first, nineteen hundred and ninety-four, a carrier may apply a surcharge to the premium for a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract to an eligible person who upgrades coverage or is a late enroUee and may discount the premium for a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract for an person who has enrolled during the six month period beginning at the time the person became initially eligible for coverage. For purposes of this section, an eligible person "upgrades coverage" if the policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract under which the eligible person is covered at the time of application for new coverage is of lesser actuarial value than the new coverage, as determined in accordance with standards promulgated by the commissioner. Any surcharge applied to the premium of an eligible person who upgrades coverage or is a late enroUee may not exceed fifteen percent annually, and may not be charged for more than three years from the date it is first imposed by the carrier. Any discount applied to the premium of an eligible person who has enrolled during the six month period beginning at the time the person became initially eligible for coverage may not exceed fifteen percent and may not be applied for more than three years from the date such person first receives coverage under this chapter. The commissioner may promulgate regulations to enforce the provisions of this paragraph. (d) After a date established by the commissioner pursuant to regulation and subject to the provisions of subsection (g), every carrier desiring to increase or decrease premiums Chap. 110 for any policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract, or desiring to set the initial premium for a new policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract shall file a rate filing or application with the commissioner at least thirty days before the proposed effective date of such new rates. The commissioner may disapprove the proposed rates if they are excessive, inadequate or unfairly discriminatory or do not otherwise comply with the requirements of this chapter. Such filings shall be deemed to be approved by the commissioner not earlier than thirty days after the date of filing, provided that: (i) the filing complies with the anticipated minimum loss ratio standards of subsection (e); and (ii) the carrier submits, as part of such filing, an actuarial opinion and a legal opinion that the carrier is in compliance with the provisions of this chapter. The commissioner may by regulation specify such other information which shall be included in any such filing. Such filing shall not be disapproved by the commissioner except after a hearing conducted pursuant to chapter thirty A within thirty days after such filing. Any increase in premium rates shall continue in effect for not less than twelve months, except that an increase in benefits or decrease in rates may be permitted at any time. (e) The anticipated minimum loss ratio shall be: (i) at least ninety-five percent of premium for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract issued by a non-profit hospital service corporation or medical service corporation for the policy year which immediately follows the effective date of this act; (ii) at least ninety percent of premium for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract issued by a non-profit hospital service corporation or medical service corporation for subsequent policy years; (iii) at least sixty-five percent of premium for policies for medicare supplement insurance or medicare select insurance issued by commercial insurers; and, (iv) at least ninety percent of premium for policies issued pursuant to a risk or cost contract. Each policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract offered by a carrier shall independently meet the applicable minimum loss ratio standard. (f) A carrier shall annually report to the commissioner no later than May first, the actual loss ratio calculated for each policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract for the previous calendar year. In each case where the loss ratio for policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to a risk or cost contract fails to comply with the minimum loss ratio requirements of this chapter, the carrier shall Chap. 110 issue a refund or credit against future premiums to insureds. The instructions and format for calculating and reporting loss ratios and issuing dividends and credits shall be prescribed by the commissioner by regulation, and shall be consistent with the requirements of OBRA 90. (g) If a carrier files for an increase in premium of ten percent or more than the premium previously charged, or if a carrier files an initial premium request that is ten percent or more than the average premium for the same policies for medicare supplement insurance or medicare select insurance or a policies issued pursuant to a risk or cost contract offered by carriers in the same class under subsection (e), such carrier's rate, in addition to being subject to all other provisions of this chapter, shall be subject to the prior approval of the commissioner as set forth in this subsection. Any requested premium increase in excess of ten percent for a medicare supplemental insurance plan shall be communicated to the insureds at least ninety days prior to the effective date of such increase, or as the commissioner may direct. Such requested premium increase or initial premium request shall be filed no later than ninety, days prior to the requested effective date of such rate. No such rate shall be effective until after a public hearing conducted by the commissioner, and advertised in newspapers in Boston, Brockton, Fall River, Pittsfield, Springfield, Worcester, New Bedford, and Lowell, or by notifying such newspapers of said hearing, and held within thirty days of the filing of such rate with the commissioner pursuant to subsection (d). The commissioner shall approve or disapprove such rate within thirty days following the conclusion of the public hearing, to be effective not earlier than thirty days subsequent to such approval. No such rate shall be approved if the benefits provided therein are unreasonable in relation to the rate charged, nor if the rates are excessive, inadequate or unfairly discriminatory or do not otherwise comply with the requirements of this chapter. (h) Every carrier, as a condition of doing business under the authority of this chapter, shall file annually with the commissioner an actuarial opinion and legal opinion that certifies that the carrier's rating methodologies and rates comply with the requirements of this chapter and regulations promulgated under authority of this chapter. Every carrier shall maintain at its principal place of business for inspection by the commissioner a complete and detailed description of its rating practices and such other information as the commissioner may by regulation require. (i) The supreme judicial court shall have jurisdiction in equity upon the petition of the commissioner and upon a summary hearing, to enforce all lawful orders of the commissioner. Any subscriber, non-profit hospital service corporation, non-profit medical service corporation or other person aggrieved by any action, order, finding, or decision of the commissioner under this section may, within twenty days from the filing of such memorandum thereof in his office, file a petition in the supreme judicial court for the county of Suffolk for a review of such action, order, finding, or decision. An order of notice returnable not later than seven days from the filing of such petition shall forthwith issue and Chap. 110 be served upon the commissioner. Within ten days after the return of said order of notice, the petition shall be assigned for a speedy and summary hearing on the merits. The action, order, finding, or decision of the commissioner shall remain in full force and effect, pending the final decision of the court unless the court or a justice thereof after notice to the commissioner shall by a special order otherwise direct. The court shall have jurisdiction in equity to modify, amend, annul, reverse or affirm such action, order, finding or decision and shall uphold the commissioner's action, order, finding, or decision if supported by the weight of evidence. The court may make any appropriate order or decree. The court may make such order as to costs as it deems equitable. The court shall make such rules or orders as it deem proper governing proceedings under this section to secure prompt and speedy hearings and to expedite final decisions thereon. (j) The commissioner shall annually conduct a public hearing to monitor the overall condition of the commonwealth's market so as to improve access by individuals to coverage under this chapter, to encourage aggregation of risk pools through product selection and to promote long-term access by individuals to coverage through continued stability and financial viability of all carriers in the market, particularly commercial carriers. The commissioner shall annually summarize all claims arising under this chapter experience and loss ratio data from all insurers covered by this chapter and submit such information to the committee on insurance. The commissioner shall also file with the committee on insurance any recommendations for legislation to improve the accessibility and affordability of coverage in the market. (k) The commissioner may promulgate regulations to facilitate the administration and enforcement of this chapter and to govern hearings and investigations thereunder, and he may issue such orders as he finds proper, expedient or necessary to enforce and administer the provisions of this chapter and to secure compliance with any rules and regulations made thereunder. Section 8. This chapter shall not apply to a policy or contract of one or more employers or labor organizations, or of the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees, or a combination thereof, of the labor organizations. SECTION 216. Subsection (a) of section 6B of chapter 200 A of the General Laws, as so appearing, is hereby further amended by striking out, in lines 7 and 10, the word "five" and inserting in place thereof, in each instance, the word:- three. SECTION 217. Chapter 209A of the General Laws, as so appearing, is hereby amended by adding the following section:- Section 10. The court shall impose an assessment of three hundred dollars against any person who has been referred to a certified batterers' treatment program as a condition of probation. Said assessment shall be in addition to the cost of the treatment program. In the discretion of the court, said assessment may be reduced or waived when the court finds that the person is indigent or that payment of the assessment would cause the person, or the Chap. 110 dependents of such person, severe financial hardship. Assessments made pursuant to this section shall be in addition to any other fines, assessments, or restitution imposed in any disposition. All funds collected by the court pursuant to this section shall be transmitted monthly to the state treasurer, who shall deposit said funds in the Domestic Violence Victims' Assistance Fund. SECTION 218. Chapter 211 of the General Laws is hereby amended by adding the following two sections:- Section 29. The supreme judicial court shall report monthly all expenditures and revenues from all appropriated and non-appropriated funds on the Massachusetts management accounting and reporting system, or MMARS, so-called. Section 30. The supreme judicial court shall report all personnel information for those employees compensated from any budgetary, federal, or non-appropriated fund through the personnel administrative reporting and information system, or MMARS, so-called. SECTION 219. Chapter 211A of the General Laws is hereby amended by adding the following two sections:- Section 18. The appeals court shall report monthly all expenditures and revenues from all appropriated and non-appropriated funds on the Massachusetts management accounting and reporting system or MMARS, so-called. Section 19. The appeals court shall report all personnel information for those employees compensated from any budgetary, federal, or non-appropriated fund through the personnel administrative reporting and information system, or MMARS, so-called. SECTION 220. Chapter 21 IB of the General Laws is hereby amended by adding the following two sections:- Section 21. The trial court of the commonwealth shall report monthly all expenditures and revenues from all appropriated and non-appropriated funds on the Massachusetts management accounting and reporting system or MMARS, so-called. Section 22. The trial court of the commonwealth shall report all personnel information for those employees compensated from any budgetary, federal, or non-appropriated fund through the personnel administrative reporting and information system or MMARS, so-called. SECTION 221. Section 12 of chapter 21 ID of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the third sentence the following two sentences:- Bills shall be submitted to the committee within thirty days of the conclusion of a case; or, if the case is pending at the end of the fiscal year, within thirty days after the end of said fiscal year, unless time for filing has been extended by the chief counsel. Bills submitted after said date without just cause shall not be processed for payment. The amount of payment for invoices received by the chief counsel more than thirty days after the final disposition of a case or within thirty days after the end of the fiscal year, which have not received an extension but have been approved because just cause has been shown for delay in submission, shall be reduced by five percent. Chap. 110 SECTION 222. Chapter 217 of the General Laws is hereby amended by inserting after section 29B the following section:- Section 29C. The first justice of the Barnstable probate court may, with the approval of the chief justice of the probate court, designate one employee as deputy assistant register with the same powers as assistant register and may revoke any such designation at pleasure. Said deputy assistant register shall receive a salary of six thousand dollars. SECTION 223. Said chapter 217 is hereby further amended by inserting after section 29C the following section:- Section 29D. The first justice of the Berkshire probate court may, with the approval of the chief justice of the probate court, designate one employee as deputy assistant register with the same powers as assistant register and may revoke any such designation at pleasure. Said deputy assistant register shall receive a salary of six thousand dollars. SECTION 224. Section 6C of chapter 231 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "action", in line 8, the words:- , provided, however, that in all actions based on contractual obligations, upon a verdict, finding or order for judgment against the commonwealth for pecuniary damages, interest shall be added by the clerk of the court to the amount of damages, at the contract rate, if established, or at a rate calculated pursuant to the provisions of section six I from the date of the breach or demand. If the date of the breach or demand is not established, such interest shall be added by the clerk of the court from the date of the commencement of the action. SECTION 225. Said chapter 231 is hereby further amended by inserting after section 6H the following section:- Section 61. Interest required to be paid by the commonwealth pursuant to this section shall be calculated at a rate equal to the coupon issue yield equivalent, as determined by the United States secretary of the treasury, of the average accepted auction price for the last auction of fifty-two-week United States treasury bills settled immediately prior to the date of the judgment; provided, however, that such interest shall not exceed the rate often percent per annum. The secretary of administration and finance shall maintain a schedule of the rate described above for the distribution to all clerks of courts. SECTION 226. Paragraph 4 of section 4 of chapter 234A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the third sentence the following three sentences:- If, according to the aforementioned guideline, a person shall be permanently incapable of rendering satisfactory jury service during the person's lifetime, the person claiming such permanent disqualification shall submit a letter from a registered physician stating the nature of the disability and the physician's opinion that such disability will permanently prevent the person from rendering satisfactory jury service. If the jury commissioner determines that the person is permanently disabled, then the person shall be considered permanently ineligible for jury service, and the person's name and physician's letter shall be placed on record with the office of jury commissioner. The jury commissioner Chap. 110 shall make a decision on such matter promptly upon receipt of the aforementioned letter. SECTION 227. Section 1 of chapter 258 of the General Laws, as so appearing, is hereby amended by inserting after the word "commission", in line 52, the following words:- including a municipal gas or electric plant, department, board and commission,. SECTION 228. Section 6 of chapter 258B of the General Laws is hereby amended by striking out section 6, as so appearing, and inserting in place thereof the following section:- Section 6. Each district attorney shall submit annually on January fifteenth to the board, the secretary of administration and finance and the house and senate committees on ways and means, a program plan to be implemented within the district attorney's jurisdiction. The program plan shall include, but not be limited to: a description of the services to be provided to victims and witnesses in each judicial district within the district attorney's jurisdiction; the personnel or agencies responsible for providing individual services and related administrative programs; proposed staffing for the program; proposed education, training and experience requirements for program staff and, where appropriate, the staff of agencies providing individual services and related administrative services; and a proposed budget for implementing the program. The district attorney shall include in the annual program plan a detailed report on the operation of the program during the preceding year as well as a detailed report of deposits and expenditures of all funds made available to said district attorney for the preceding fiscal year and the current fiscal year through December thirty-first pursuant to section nine. SECTION 229. Section 13 of chapter 354 of the acts of 1952 is hereby amended by adding the following paragraph:- Real property of the authority, if leased, used, or occupied in connection with a business conducted for profit, shall at the discretion of the municipality, for the privilege of such lease, use or occupancy, be valued, classified, assessed and taxed annually as of January first to the lessee, user, or occupant in the same manner and to the same extent as if such lessee, user, or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by chapter sixty of the General Laws for the collection of annual taxes upon real estate. SECTION 230. The first sentence of section 17 of chapter 465 of the acts of 1956, as amended by section 2 of chapter 332 of the acts of 1978, is hereby further amended by striking out, in lines 14 to 23, inclusive, the words "shall be taxed to a lessee thereof under section three A of chapter fifty-nine of the General Laws; provided, however, that anything herein to the contrary notwithstanding, lands of the Authority, except lands acquired by the Chap. 110 commonwealth under the provisions of chapter seven hundred and five of the acts of nineteen hundred and fifty-one situated in that part of the city called South Boston and constituting part of the Commonwealth Flats, and land acquired by the Authority which were subject to taxation on the assessment date next preceding the acquisition thereof," and inserting in place thereof the words:- used for air transportation purposes shall be taxed to a lessee thereof under section three A of chapter fifty-nine of the General Laws, provided, that anything herein to the contrary notwithstanding, lands of the Authority. SECTION 231. Said first paragraph of said section 17 of said chapter 465 is hereby further amended by striking out the second sentence, inserted by section 6 of chapter 719 of the acts of 1967. SECTION 232. Section 6 of chapter 701 of the acts of 1960 is hereby amended by adding the following paragraph:- Real property of the authority, if leased, used, or occupied in connection with a business conducted for profit shall, at the discretion of the municipality, for the privilege of such lease, use or occupancy, be valued, classified, assessed and taxed annually as of January first, to the lessee, user or occupant in the same manner and to the same extent as if said lessee, user or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien on the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate but the interest of any lessee therein may be sold or taken by the collector of the municipality in which the real estate lies for the non-payment of such taxes in the manner provided by law for the sale or taking of real estate of non-payment of annual taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by chapter sixty of the General Laws for the collection of annual taxes upon real estate. SECTION 233. Chapter 712 of the acts of 1963 is hereby amended by striking out section 6, as most recently amended by chapter 280 of the acts of 1980, and inserting in place thereof the following two sections:- Section 6. The corporation shall not be subject to the provisions of chapter sixty-three of the General Laws, nor to any taxes based upon or measured by income. The securities and evidences of indebtedness issued by the corporation, and income therefrom, shall at all times be free from taxation by the commonwealth. Real property owned by the corporation shall not be subject to taxation by the city or town in which it is located until forty years from the date of its acquisition or until such property is leased, rented or otherwise disposed of, whichever is first. Section 6A. The provisions of section six of said chapter seven hundred twelve of the acts of nineteen hundred and sixty-three shall take effect as of January first, nineteen hundred and ninety-three. SECTION 234. Chapter eight hundred and seventy-two of the acts of nineteen hundred and seventy-one is hereby repealed. Chap. 110 SECTION 235. After the effective date of section one hundred and seventy-one A of this act, any funds remaining in the reserve for unpaid real estate and personal property taxes, established pursuant to section three of chapter 872 of the acts of 1971, shall be distributed as set forth in this section. Commencing with fiscal year nineteen hundred and ninety-four, the city of Somerville may use funds remaining in said reserve for unpaid real estate and personal property taxes to fund its overlay account; provided, however, that such funding shall not exceed one and one-half million dollars per year. The amount of funds to be used from said reserve in a given year shall be determined by the Somerville board of assessors in consultation with the department of revenue. If the overlay account requires funding beyond the amount used from the reserve, the balance shall be funded in the manner set forth in the General Laws. Upon the complete depletion of funds in said reserve for unpaid real estate and personal property taxes, said fund shall be stricken from the books of the city in accordance with ordinary accounting procedures. SECTION 236. Section one hundred and seventy-one A shall take effect on June thirtieth, nineteen hundred and ninety three. SECTION 237. Section 4 of chapter 212 of the acts of 1975, is hereby amended by striking out clause (j), as most recently amended by section 24 of chapter 19 of the acts of 1993, and inserting in place thereof the following clause:- (j) borrow money by the issuance of its debt obligations as provided in section eight E of this act. SECTION 238. Clause 5 of paragraph (b) of section 8C of said chapter 212 as appearing in section 27 of chapter 19 of the acts of 1993, is hereby amended by striking out in lines 9 and 10, the words "and for which other monies of the bank are not available". SECTION 239. Said chapter 212 is hereby further amended by inserting after section 8D the following section:- Section 8E. The bank may provide by resolution for the issuance from time to time of debt obligations of the bank for any of its corporate purposes, provided, however, that the bank shall not issue debt obligations the principal amount of which, when added to the principal amount of debt obligations issued by the bank and then outstanding, excluding debt obligations previously refunded or being or to be refunded thereby, shall exceed forty million dollars. All such debt obligations shall be negotiable for all purposes without regard to any other law, subject only to the provisions of any such debt obligations for registration. Debt obligations issued hereunder may be secured by the full faith and credit of the bank, by a pledge of any revenues, receipts or other assets or funds of the bank, by mortgages or other instruments covering all or any part of any and all real property of the bank, including any additions, improvements, extensions to or enlargements of any real property thereafter made, or by any one or more of the foregoing, all as may be determined by the bank. Debt obligations may be dated, may bear interest at such rate or rates, including rates variable from time to time, may be payable in any domestic or foreign currency and at any domestic Chap. 110 or foreign location and may mature or otherwise be payable at such time or times as may be provided for by the bank, and may be made redeemable or determinable prior to maturity at the option of the bank or the holder thereof at such price or prices and under such terms and conditions as may be fixed by the bank. The bank shall determine the form of debt obligations and the manner of execution, denomination or denominations and place or places of payment thereof. In case any officer whose signature or a facsimile of whose signature shall appear on any debt obligations shall cease to be such officer before the delivery thereof, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until after such delivery. The bank may provide for the authentication of debt obligations by a trustee, fiscal agent, registrar or transfer agent. The bank may by resolution delegate to the executive director or any member or members of the board of directors of the bank, or any combination of them, the power to determine any of the matters set forth in this section. In the discretion of the bank, debt obligations of the bank may be issued with such terms as will cause the interest thereon to be subject to federal income taxation. The bank may sell its debt obligations in such manner, either at public or private sale, for such price, at such rate or rates of interest, or at discount in lieu of interest, as it determines will best effectuate its corporate purposes. In the discretion of the bank, any debt obligations issued hereunder may be secured by a resolution of the bank or by a trust agreement between the bank and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the commonwealth, and any such trust agreement shall be in such form and executed in such manner as may be determined by the bank. Such trust agreement or resolution may pledge or assign, in whole or in part, any revenues and funds held or to be received, and any mortgages or other loan collateral held or to be acquired, by the bank and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the bank, and the proceeds thereof. Such trust agreement or resolutions may contain such provisions for protecting and enforcing the rights, security and remedies of holders of debt obligations as may be reasonable and proper, including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities, restrictions on individual right of action by holders of debt obligations and covenants setting forth duties of limitations on the bank in relation to the conduct of its programs and the management of its property, the custody, safeguarding, investment and application of moneys, the issuance of additional or refunding debt obligations, the establishment of reserves and the making and amending of contracts. In addition to other security provided herein or otherwise by law, debt obligations issued by the bank may be secured, in whole or in part, by financial guaranties, by insurance or by letters of credit issued to the bank or a trustee or any other person, by any bank, trust company, insurance or surety company or other financial institution, within or without the commonwealth, and the bank may pledge or assign, in whole or in part, any revenues and funds held or to be received, and any mortgages or other loan collateral held or to be acquired, by the bank and any contract or Chap. 110 other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the bank, and the proceeds thereof, as security for such guaranties or insurance or for the reimbursement by the bank to the issuer of any such letter of credit of any payment made under such letter of credit. It shall be lawful for any bank or trust company to act as a depository or trustee of the proceeds of debt obligations, revenues or other moneys under any such trust agreement or resolution and to furnish such indemnification or to pledge such securities and issue such letters of credit as may be required by the bank. Any such trust agreement or resolution may set forth the rights and remedies of holders of debt obligations and of the trustee and may restrict the individual right of action by holders of debt obligations. Any pledge of revenues or other property made by the bank under the provisions of this act, including without limitation any pledge by the bank of its rights to receive payments of any kind from or for the account of mortgagors under mortgages, participations therein or subsidy, guaranty, insurance or other contracts relating thereto, and of its revenues and other property, and of the mortgages, notes, such participations, such subsidy, guaranty, insurance or other contracts or other collateral, and of the proceeds of any or all thereof, shall be valid and binding and shall be deemed continuously perfected for the purposes of the Uniform Commercial Code and other laws from the time when such pledge is made. The revenues, moneys, property, rights and proceeds so pledged and then held or thereafter acquired or received by the bank shall immediately be subject to the lien of such pledge without any physical delivery or segregation thereof or further act, and the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the bank, regardless of whether such parties have notice thereof. Neither the resolution, any trust agreement nor any other agreement by which a pledge is created need be filed or recorded except in the records of the bank, and no filing need be made under chapter one hundred and six or any other law. Any holder of a debt obligation issued by the bank under the provisions of this act and any trustee under a trust agreement or resolution securing the same, except to the extent the rights herein given may be restricted by such trust agreement or resolution, may bring suit upon the debt obligations and may, either at law or in equity, by suit, action, mandamus or other proceeding for legal or equitable relief, including proceedings for the appointment of a receiver to take possession and control of the business and properties of the bank, to operate and maintain the same, to make any necessary repairs, renewals and replacements in respect thereof and to fix, revise and collect fees and charges, protect and enforce any and all rights under the laws of the commonwealth or granted hereunder or under such trust agreement, resolution or other agreement and may enforce and compel the performance of all duties required by this act or by such trust agreement or resolution to be performed by the bank or by any officer thereof. Debt obligations issued by the bank under this act are hereby made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies, trust companies in their commercial departments, Chap. 110 savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such debt obligations are hereby made securities which may properly and legally be deposited with and received by any commonwealth or municipal officer or any agency or political subdivision of the commonwealth for any purpose for which the deposit of bonds or obligations of the commonwealth is now or may hereafter be authorized by law. Debt obligations issued by the bank under the provisions of this act shall not be deemed to be a debt or a pledge of the faith and credit of the commonwealth, except to the extent provided pursuant to the provisions of section eight B of this act, but, except as aforesaid, shall be payable solely from the funds of the bank from which they are made payable pursuant to the provisions of this act. All debt obligations issued by the bank under the provisions of this act, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation of every kind by the commonwealth and by the cities, towns and other political subdivisions in the commonwealth. SECTION 240. Section 19 of said chapter 212 is hereby amended by striking out the words "nineteen hundred and ninety-eight", inserted by section 576 of chapter 133 of the acts of 1992, and inserting in place thereof the following words:- two thousand and four. SECTION 241. Section 36 of chapter 190 of the acts of 1982, as most recently amended by section 8 of chapter 629 of the acts of 1982, is hereby amended by inserting after the first sentence the following sentences:- Real property of the authority, if leased, used or occupied in connection with a business conducted for profit, except any business conducting a temporary trade show, exhibition or similar event, shall at the discretion of the municipality, for the privilege of such lease, use, or occupancy, be valued, classified, assessed and taxed annually as of January first to the lessee, user or occupant in the same manner and to the same extent as if such lessee, user or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by chapter sixty of the General Laws for the collection of annual taxes upon real estate. SECTION 242. Section 9 of chapter 372 of the acts of 1984 is hereby amended by adding the following paragraph:- Real property of the authority, if leased, used, or occupied in connection with a business conducted for profit, shall at the discretion of the municipality, for the privilege of such lease, use, or occupancy, be valued, classified, assessed and taxed annually as of January first to the lessee, user or occupant in the same manner and to the same extent as if Chap. 110 such lessee, user, or occupant were the owner thereof in full. No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by chapter sixty of the General Laws for the collection of annual taxes upon real estate. SECTION 243. Said chapter 372 is hereby further amended by inserting after section 9 the following section:- Section 9A. Any city or town using estimated bills for water or sewer services which receives payment in an amount in excess of the actual amount due to such city or town for costs actually incurred in the furnishing of water or sewer service shall place such excess monies in an account to be kept separate and apart from any other monies to be applied against the next bill of the user and such monies shall not be used for any other municipal purposes. SECTION 244. Said chapter 372 is hereby further amended by inserting after section 10 the following section:- Section 10A. No city or town in the sewer division of the Authority and no city or town in the water division of the Authority shall assess or charge any user at a rate greater than that charged to such city or town by the Authority, provided however, such city or town may include in such assessments and charges, costs actually incurred in the furnishing of sewer or water service. SECTION 245. Chapter 223 of the acts of 1985 is hereby amended by striking section 13, as most recently amended by chapter 389 of the acts of 1991, and inserting in place thereof the following section: Section 13. Sections one to twelve, inclusive, of this act shall expire on December thirty-first, nineteen hundred and ninety-nine. SECTION 246. Chapter five hundred and eighty-five of the acts of nineteen hundred and eighty-six is hereby repealed. SECTION 247. (i) It is hereby found and declared that certain activities undertaken from time to time by the Massachusetts Bay Transportation Authority, hereinafter referred to as "the authority", in order to construct, reconstruct, renovate, repair, remove, replace, or expand transportation facilities in the public interest, may provide opportunities to stabilize, develop, and revitalize the economy of the areas in which such activities are undertaken; that the stabilization, development, or revitalization of small businesses in such areas would improve the general health, safety, and welfare of such areas while also increasing the value and use of the public investment in the transportation facilities in such areas; that to achieve these benefits it may be necessary to stimulate private investment in such areas: that the stabilization, development, or revitalization of such areas may not be dealt with effectively Chap. 110 by the ordinary operations of private enterprise without the aids provided herein; that without such aids the construction or other activities may have a significantly harmful impact on the economic stability and growth of small businesses in such areas; and that the use of public funds to stimulate private investment in such businesses and areas as provided herein is a valid public purpose. (ii) (a) There is hereby established a board to oversee a pilot program to assist businesses affected by transportation enhancements, hereinafter referred to as "the board". The board shall consist of the secretary of transportation and construction, or his designee, the secretary of economic affairs, or his designee, and the commissioner of banks and banking, or his designee. All official actions of the board must be approved by a majority of its members. The board is hereby authorized and directed to promulgate rules or regulations pursuant to section two of chapter thirty A of the General Laws to establish standards or criteria for the designation of transportation activity affected areas pursuant to paragraph (b) under which business entities may be qualified small business pursuant to paragraph (c), and for the evaluation of proposals for and performance under agreements entered into pursuant to paragraph (d), or for any other purpose necessary to implement the provisions of this section. (b) The board may designate a specific geographic area to be a "transportation activity affected area". An area may be so designated if: (1) the authority is undertaking transportation enhancement activities including the construction, reconstruction, renovation, repair, removal, replacement, or expansion of its transportation facilities within the area; (2) such activities have had or are likely to have a significantly harmful impact upon the economic stability and growth of small businesses within such area; and (3) the area meets such other standards and criteria as the board may establish. (c) A "qualifying small business" shall mean a for profit or non-profit business entity that is located, wholly or partially, within a designated transportation activity affected area; that alone or in combination with any affiliated businesses entity had average gross sales of less than two million five hundred thousand dollars per year for its most recent two fiscal years and that has fewer than fifty full-time equivalent employees; that has been doing business within a transportation activity affected area for at least one year prior to the commencement of transportation enhancement activities by the authority within the designated area; that has been or is likely to be significantly harmed by the transportation enhancement activities of the authority within the transportation activity affected area; and that meets such other standards and criteria as the board may establish. For the purposes of this section, business entities shall be considered to be affiliated if they are controlled, either through ownership or management, by the same party or parties. (d) The authority is hereby authorized to enter into agreements with banks to stimulate loans to qualifying small businesses. For the purposes of this section, banks shall be deemed to include any bank subject to taxation under section two of chapter sixty-three of the General Laws. Banks shall be selected by the authority for participation in this pilot Chap. 110 program after a competitive bidding process which shall include public advertisement and the receipt of written bids. The actual selections shall be based upon standards and criteria that shall include the interest rate the bank will pay the authority for its deposits, the interest rate the bank will charge to participating qualifying small businesses, and such other standards and criteria as the board may establish. Such agreements shall provide that: (1) the authority shall deposit in such bank, pursuant to paragraph (f), funds which may earn no interest, below market rate interest, or market rate interest during periods when such funds are used to stimulate loans to qualifying small businesses as provided herein; (2) in consideration of such deposits such bank shall make loans to qualifying small business pursuant to paragraph (e) at interest rates below the rates such bank would otherwise charge on such loans; (3) such deposits and loans as a whole shall be structured in such a way that the total value of any reduction in interest earnings to the authority resulting from the deposit of funds at no interest or at below market rate interest, minus any extraordinary administrative costs incurred by such bank beyond the costs that would normally be incurred in making such a loan other than pursuant to this section, shall not be greater than the total value of any reduction in interest costs to qualifying small businesses resulting from the receipt of any such loan at below market rate interest; (4) if the total value of any such reduction in interest earnings, minus any such extraordinary administrative costs, exceeds the total value of any such reduction in interest costs, such excess shall be rebated to the authority; (5) such bank may secure the payment of principal and interest on any loan granted pursuant to this section by mortgage, security interest, or any other method; (6) upon the finding by the board that such bank has substantially failed to meet the conditions of the agreement the board may rescind such agreement and shall require the rebate of any excess owed the authority at that time under clause (4) and the return of any deposits made under clause (1). (e) Banks entering into an agreement under paragraph (d) shall make loans to qualifying small businesses pursuant to such agreement. Such businesses may use the proceeds of any such loan for the costs of renovation, modernization, expansion, maintenance, inventory purchases or related capital improvements but may not use such proceeds for any operating costs. The factors to be considered by a bank in granting a loan pursuant to this section shall include, but need not be limited to: (1) the degree and severity of the impact of the transportation construction activity of the authority on the economic stability and growth of the applicant qualifying small business and the resulting effect on the use of mass transportation facilities in such area, (2) the degree to which the loan will assure the economic stability and growth of the applicant qualifying small business and of the designated area and will increase the value and use of mass transportation facilities in such area, (3) the ability of the applicant qualifying small business otherwise to obtain financing at reasonable rates and upon reasonable terms, and (4) the period of time the business has operated in the area and the period of time it has been owned by the applicant. Chap. 110 (f) Notwithstanding any general or special law to the contrary, the authority is hereby authorized to deposit any of its funds with banks at no interest or below market rate interest for the purposes and in the manner set forth in this section; provided, however, that no funds that were in any way made available because of a pledge of the credit of the commonwealth may be so deposited for said purposes; provided, further that in no event shall funds of the authority be used as security for loans granted pursuant to this section and no such loan shall be guaranteed by the authority. At no time shall the authority have on deposit with such banks in excess of seven million five hundred thousand dollars for said purposes. (g) Within sixty days from the end of each calendar year after nineteen hundred and eighty-six, the authority shall submit a report relative to said pilot program that has been approved by the board to the clerks of the senate and of the house of representatives, to the house and senate committees on ways and means, to the commissioner of administration, and to the inspector general, who is hereby authorized thereafter similarly to submit his comments on such report. The report shall include, but need not be limited to: (1) a listing of any designated transportation activity affected area; (2) any accounting of an funds deposited by the authority pursuant to this section and of the value of any reduced interest earnings to the authority resulting from each deposit of authority funds at no interest or at below market rate interest; (3) an accounting of the value of any reduced interest costs to qualifying small businesses resulting from receiving loans stimulated by each such deposit at below market rate interest; (4) an accounting of any extraordinary administrative costs allowed to a bank for each deposit; and (5) an accounting of an excess rebated for each deposit to the authority pursuant to clause (4) of paragraph (d) of subsection (i). (iii) The provisions of subsections (i) and (ii) shall cease to be in effect as of July first, nineteen hundred and ninety-four. No loans shall be made pursuant to paragraph (e) of subsection (i) after December thirty-first, nineteen hundred and ninety-three. Nothing in this section shall be construed to prevent the collection of any outstanding principal or interest on loans made pursuant to said paragraph (e) on or before December thirty-first, nineteen hundred and ninety-three or of any outstanding excess owed to the authority under clause (4) of paragraph (d) of subsection (i). SECTION 248. Chapter 394 of the acts of 1987 is hereby amended by adding the following section:- Section 5. Notwithstanding the provisions in sections one through four, inclusive of this act, an insurer, nonprofit hospital service corporation, nonprofit medical service corporation, or a health maintenance organization, shall exclude upon the request of an employer which is a diocese the benefit set forth in this act from any blanket or general policy of insurance, from any contract or subscriber certificate under a medical or hospital service plan, from any health maintenance contract, or from any preferred provider arrangement contract which is issued, delivered, or renewed. SECTION 249. Section 83 of chapter 23 of the acts of 1988 is hereby amended by adding the following two paragraphs: Chap. 110 Notwithstanding the foregoing provisions, there shall be established a tactical training initiative, to create and maintain manufacturing jobs in the commonwealth. Such initiative shall design training programs which meet the specific needs of employers and workers, through upgrading of existing skills, improved productivity and modernizing production methods. Not more than five hundred thousand dollars shall be expended from said fund for the tactical training initiative. The commissioner of the department of medical security shall transfer to the department of employment and training five hundred thousand dollars from said fund; provided, however, that said amount is available in said fund. The commissioner of the department of employment and training is hereby authorized to expend a sum not less than five hundred thousand dollars for said programs, and to expand any federal funds made available therefor. SECTION 250. Item 7510-7892 of section 2 of chapter 208 of the acts of 1988 is hereby amended by inserting after the word "dollar", in line 8 the following words:- ; provided further, that the funds herein authorized shall be available for expenditure until June thirtieth, nineteen hundred and ninety-eight. SECTION 251. Section 2 of chapter 229 of the acts of 1989 is hereby amended by striking out, in line 6, the words "one hundred and seventy-five" and inserting in place thereof the following words:- two hundred and twenty-six. SECTION 252. Section 111 of chapter 240 of the acts of 1989 is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:- Said commission may expend such sums as may be appropriated therefore, not to exceed, in the aggregate five hundred thousand dollars; provided, however, that banks and life insurance companies doing business in the commonwealth and subject to taxation under chapter sixty-three of the General Laws shall, as hereinafter provided, reimburse the commonwealth for all expenditures in fiscal years nineteen hundred ninety to nineteen hundred ninety-three, inclusive, and any subsequent expenditures in any fiscal year pursuant to any such appropriation. Said commission shall certify all such expenditures to the commissioner of banks and the commissioner of insurance who, jointly, shall apportion the same in equal amounts on the banking industry and life insurance encompassing such banks and life insurance companies, respectively. Said commissioner of banks and commissioner of insurance shall transmit said apportionments to the comptroller who shall assess the same on said banks and life insurance companies who, in turn, shall remit the amount of such assessments to said comptroller within thirty days of the receipt thereof. SECTION 253. Paragraph (i) of section 114 of chapter 412 of the acts of 1991 is hereby amended by inserting after the word "fifty E", in line 4, the following words:- ; provided, however, that notwithstanding any other provisions of this act to the contrary, all matters relating to wages, hours and standards of productivity or performance, and any other matters pertaining to section thirteen, section twenty-five and section twenty-six of chapter Chap. 110 twenty-two C of the General Laws shall be subject to the provisions of said chapter one hundred and fifty E and the provisions of section four B of chapter one thousand and seventy-eight of the acts of nineteen hundred and seventy-three. SECTION 254. Chapter 537 of the acts of 1991 is hereby amended by striking out, in lines 13 to 16, inclusive, the words "consisting of seven thousand square feet, more or less, all as appearing more precisely on Metropolitan District Commission, Park Engineering Division, Accession Plan Number 42003, updated through February 14, 1975, on file with said commission" and inserting in place thereof the following: beginning on the Easterly sideline of Park Road as laid out by the Metropolitan Park Commissioners July 26, 1906, at a point 309.00 feet Southeasterly of a stone bound; Thence N73 27' 47" E a distance of 37.94 feet to the southwest corner of the Golf Museum's eight foot envelope; Thence N17 17' 29" W a distance of 142.80 feet, said point being 36.05 feet from Park Street; Thence N72 42' 31" E a distance of 28.00 feet; Thence S17 17' 29" E a distance of 8.30 feet; Thence N72 42' 31" E a distance of 67.00 feet; Thence S17 17' 29" E a distance of 48.00 feet; Thence S72 42' 31" E a distance of 29.60 feet; Thence S17 17' 29" E a distance of 35.80 feet; Thence N72 42' 31" E a distance of 4.45 feet; Thence S17 17' 29" E a distance of 72.20 feet; Thence S46 08' 37" W a distance of 5.59 feet; Thence N17 17' 29" W a distance of 24.00 feet; Thence S72 42' 31" W a distance of 64.85 feet to the starting southwest envelope corner. Contains 10,789 square feet. SECTION 255. Section 47 of chapter 133 of the acts of 1992, is hereby amended by inserting after the first sentence the following sentence:- On or after the effective date of this act an active member who is currently contributing to two or more retirement systems, established under the provisions of chapter thirty-two, may elect not to participate in the retirement system in which he is contributing the lesser amount of accumulated deductions; provided, however, that said active member upon such election not to participate, shall be entitled to receive upon his written request to the retirement board, in one sum, an amount equal to the accumulated regular deductions paid by said member into the Annuity Savings Fund of the retirement system of the governmental unit which said member has contributed the lesser amount together with regular interest as shall have accrued thereon in accordance with the provisions of sections eleven and twenty-two of said chapter thirty-two. SECTION 256. Said chapter 133 is hereby further amended by inserting after section 48 the following section:- Chap. 110 Section 48 A. Notwithstanding the provisions of chapter thirty-two of the General Laws or any other general or special law to the contrary, and upon acceptance of this section by the legislative and executive authority within a city, town or county, the provisions of this section providing for a retirement program for municipal hospital or municipal department of health employee who is a Group 1, Group 2, or Group 4 employee as defined in section three of said chapter thirty-two, who is a member of the appropriate municipal or county retirement system and (/') who is an employee of the municipality on the effective date of this section, (if) shall be eligible to receive a superannuation retirement allowance in accordance with the provisions of subdivision (1) of section five or subdivision (1) of section ten of said chapter thirty-two upon the effective date specified in his written application to said board and (Hi) shall have filed a written application after August first, nineteen hundred and ninety-three, but not later than December thirty-first, nineteen hundred and ninety-three to retire for superannuation as of the date which shall be specified in such application; provided, however, that said date for retirement shall be no earlier than August fifteenth, nineteen hundred and ninety-three and no later than one hundred and twenty days after acceptance of this section by the city, town, county or executive authority. For the purposes of this section the legislative authority shall mean a town meeting in a town, the city council in a city, the county advisory board in a county other than the counties of Suffolk and Nantucket in which cases the county commissioners shall serve as the legislative authority; and executive authority shall mean the board of selectmen in a town, the mayor in a city, and the county commissioners in a county. Said program shall be administered by the appropriate municipal or county retirement system, which shall also promulgate regulations to implement the provisions of said program. Notwithstanding the foregoing, no city, town, or county may adopt the provisions of this section unless said city, town or county has established a retirement system funding schedule pursuant to the provisions of section twenty-two D of chapter thirty-two of the General Laws or subdivision (6A) of section twenty-two of said chapter thirty-two prior to the effective date of this act or adopts the provisions of section twenty-two D of said chapter thirty-two after the effective date of this act. Notwithstanding any provisions of said chapter thirty-two to the contrary, the normal yearly amount of the retirement allowance for an eligible employee who is employed by a city, town or county hospital or department of health which accepts the applicable provisions of this act and who has paid the full amount of regular deductions on the total amount of regular compensation as determined under paragraph (a) of subdivision (2) of section five of said chapter thirty-two, shall be based on the average annual rate of regular compensation as determined under said paragraph (a) shall be computed according to the table contained in said paragraph (a) based on the age of such member and his number of years and full months of creditable service at the time of his retirement increased by up to five years of age or by up to five years of creditable service or by a combination of additional years of age and service the sum of which shall not be greater than five, provided however that the executive Chap. 110 authority in a city or town may limit the amount of additional credit for service or age or a combination of service and age offered and the number of employees for whom it will approve a retirement calculated under the provisions of this section; provided, further, that if participation is limited, the retirement of employees with greater creditable service shall be approved before approval is given to employees with lesser creditable service. For the purpose of this section words shall have the same meaning as in chapter thirty-two of the General Laws, unless otherwise expressly provided or unless the context clearly requires otherwise. An employee who retires and receives an additional benefit in accordance with the provisions of this section shall be deemed to be retired for superannuation under the provisions of said chapter thirty-two and shall be so subject to any and all provisions of said chapter thirty-two. The total normal yearly amount of the retirement allowance, as determined in accordance with the provisions of section five of said chapter thirty-two, of any employee who retires and receives additional benefit under the retirement incentive program for employees of municipal departments of health and municipal hospitals in accordance with the provisions of this section shall not exceed four-fifths of the average annual rate of his regular compensation received during the periods, whether or not consecutive, constituting his last three years of creditable service preceding retirement, which ever is greater. The commissioner of the public employee retirement administration shall analyze, study, and evaluate the costs and the actuarial liabilities attributable to the additional benefits payable in accordance with the provisions of this section of the retirement incentive program for municipal county and employees of municipal hospitals or municipal departments of health employees, established by this section for each retirement system; provided, however, that said commissioner shall file a report in writing of his findings to the board on or before June thirtieth, nineteen hundred and ninety-four, and shall send a copy thereof to the county commissioners, the mayor, or the board of selectmen, as the case may be; and, provided further, that said reports shall be filed with the joint committee on public service on or before June thirtieth, nineteen hundred and ninety-four. The applicable retirement board shall prepare a funding schedule which shall reflect the costs and the actuarial liabilities attributable to the additional benefits payable under the retirement incentive program in accordance with the provisions of this section and said schedule shall be designed to reduce the applicable retirement system's additional pension liability attributable to such costs and liabilities to zero on or before June thirtieth, two thousand and nine; provided, however, that in preparing such schedule, the board shall consider the analysis of the commissioner of public employee retirement administration filed in accordance with the provisions of this section; provided further, that said board shall triennially update such schedule until June thirtieth, two thousand and nine. Said board shall file such funding schedule with the joint committee on public service and the house and senate committees on ways and means on or before September first, nineteen hundred and ninety-four, and shall file updates thereto triennially on or before September first of the reporting year. In each of the fiscal years until the actuarial liability determined under this Chap. 110 section shall be reduced to zero, it shall be deemed an obligation of the applicable city, town or county to fund such liability and there shall be appropriated to the applicable pension reserve fund in such fiscal year the amount required by the funding schedule and the update thereto. SECTION 257. Section ninety three of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two is hereby repealed. SECTION 258. Item3711-9111 of section 2 of chapter 153 of the acts of 1992 is hereby amended, by adding the words:- ; provided, further, that the funds appropriated herein shall be paid to the Boston Redevelopment Authority to be administered for the purposes of said project. SECTION 259. Chapter 288 of the acts of 1992 is hereby amended by striking out section 3 and inserting in place thereof the following section:- Section 3. Section forty-two B of chapter seventy-one of the General Laws shall apply to all certified school personnel formerly employed by the school committee for the Plymouth-Carver Regional School District. Non-certified school personnel formerly employed by the school committee for the Plymouth-Carver Regional School District shall have the same rights provided to certified personnel under said section forty-two B of said chapter seventy-one to the extent applicable. SECTION 260. Item 9222-7800 of section 2A of chapter 289 of the acts of 1992 is hereby amended by striking out the wording and inserting in place thereof the following :-For the administration of the division; provided, however, that the commissioner of insurance shall expend funds from this item of appropriation for the purpose of obtaining accreditation by the National Association of Insurance Commissioners; provided further, that in the event that all monies collected by said division pursuant to section eight B of chapter twenty-six, section eight J of chapter twenty-six, and sections fourteen and one hundred sixty-three of chapter one hundred seventy-five of the General Laws for fiscal year nineteen hundred and ninety-three do not exceed monies so collected during fiscal year nineteen hundred and ninety-two by the amount appropriated herein, the commissioner is hereby authorized and directed to make an assessment not to exceed seven hundred thousand dollars on or before June thirtieth, nineteen hundred and ninety-three against all licensed insurers in the commonwealth at a rate sufficient to produce revenue to reimburse the commonwealth for said difference, notwithstanding the provisions of section eight C of chapter twenty-six of the General Laws to the contrary; provided, further, that no funds appropriated herein shall be expended until such time that all legislation relative to obtaining said accreditation has been filed with the clerks of the senate and the house of representatives. Division of Insurance Trust Fund .......100.0%. Chap. 110 SECTION 261. Section 2A of chapter 50 of the acts of 1993 is hereby amended by striking out item 4500-1010 and inserting in place thereof the following item:-4500-1010 For the purposes of a tobacco control program; provided, however, that the department is authorized to expend funds for a media campaign on the dangers of cigarette smoking and other forms of tobacco use, which may include public transit advertising; provided, further, that not more than one million dollars shall be paid from this item to the department of education for comprehensive school health education programs, including information relating to the hazards of tobacco use; provided, further, that not less than five million dollars shall be paid from this item to the executive office of public safety to administer a discretionary grant program for city and town drug awareness and resistance education programs, to be known as D.A.R.E. programs, which shall include information about the health risks of cigarette smoking and shall include the participation of local and state police officers, subject to the supervision of and standards established by the department of public health......................... 20,000,000 Health Protection Fund............... 100.0% SECTION 262. Section 1G of chapter 15 of the General Laws, as most recently amended by section 3 of chapter 71 of the acts of 1993, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph: - There shall be established advisory councils to the board in the following areas: early childhood education; life management skills; home economics; educational personnel; fine arts education; gifted and talented education; math and science education; racial imbalance; parent and community education and involvement; special education; bilingual education; technology education; vocational-technical education; adult basic education; and comprehensive interdisciplinary health education and human service programs. SECTION 263. Section 16D of chapter 71 of the General Laws is hereby amended by striking out subsection (e) as appearing in section 34 of chapter 71 of the acts of 1993,and inserting in place thereof the following subsection:- (e) Notwithstanding the foregoing provisions of this section, for the fiscal year ending on June thirtieth, nineteen hundred and ninety-four, regional schools shall receive the same amount of state aid that they received in the fiscal year ending on June thirtieth, nineteen hundred and ninety-three; provided, however, that any regional school that received in the fiscal year ending on June thirtieth, nineteen hundred and ninety-three less than seventy-six percent of the amount of state aid that it would have been entitled to pursuant to the foregoing provisions of this section if the full amount had been appropriated for such state aid in said fiscal year nineteen hundred and ninety-three shall receive an additional state aid payment in fiscal year nineteen hundred and ninety-four such that the total state aid for Chap. 110 each regional school pursuant to this section shall be no less than seventy-six percent of the amount of state aid that it would have been entitled to pursuant to the foregoing provisions of this section if the fiill amount had been appropriated for such state aid in said fiscal year nineteen hundred and ninety-three; provided, further, that any regional school district that is newly reorganized pursuant to section fifteen subsequent to June thirtieth, nineteen hundred and ninety-two but prior to January first, nineteen hundred and ninety-four shall receive seventy-six percent of the amount it would otherwise have been entitled to receive for expenses incurred in the first year of operation as a reorganized school district pursuant to the foregoing provisions of this section. SECTION 264. The second paragraph of section 70 of chapter 71 of the acts of 1993 is hereby amended by striking out the first, second and third sentences and inserting in place thereof the following three sentences:- The members of the commission shall include a member of the house of representatives appointed by the speaker, a member of the senate appointed by the president of the senate, and the following members to be appointed by the governor: a representative of the executive office of human services, a representative of the board of education or the secretary of education, a representative of the office for children, a representative of the department of public welfare, a representative of the department of social services, a head start director as recommended by the Massachusetts Head Start Directors Association, a representative of private day care providers as recommended by the Massachusetts Association of Day Care Agencies, a head start parent as recommended by the Massachusetts Head Start Association, a parent with a child in private day care as recommended by the Parents United for Child Care, an early childhood education teacher; provided, however, that said teacher shall be CD A certified. The commission shall elect co-chairpersons from among its members and shall file its final plan with the clerks of the house and senate no later than April thirtieth, nineteen hundred and ninety-four. The joint committee on education, arts and humanities shall review said plan no later than May thirtieth, nineteen hundred and ninety-four; provided, however, that any changes to said plan shall be made in conjunction with the members of the commission; and, provided further, that the commissioner of education shall make available staff and administrative resources to the commission. SECTION 265. The second paragraph of section 83 of chapter 71 of the acts of 1993 is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The annual cost to the state of the cost of the pensions taken under the provisions of this section shall not exceed twenty million dollars for teachers retiring in nineteen hundred and ninety-three and such annual cost to the state of the cost of the pensions taken under the provisions of this section shall not exceed twenty million dollars for teachers retiring in nineteen hundred and ninety-four. SECTION 266. Said second paragraph of said section 83 of said chapter 71 is hereby further amended by striking out the fifth sentence and inserting in place thereof the following sentences:- If the total benefits payable in accordance with said retirement incentive program, due to applicants admitted in any given year, will exceed twenty million Chap. 110 dollars, the teachers' retirement board shall proportionally reduce the number of accepted applications from each city, town, regional school committee, independent vocational school, county agricultural school, or educational collaborative accepting the provisions of this section in nineteen hundred and ninety-three and nineteen hundred and ninety-four. SECTION 267. The fourth paragraph of said section 83 of said chapter 71 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- In order to offer the early retirement incentive program in nineteen hundred and ninety-four, any such city, town, regional school committee, independent vocational school, county agricultural school or educational collaborative must accept this section on or after January first, nineteen hundred and ninety-four but no later than June tenth, nineteen hundred and ninety-four. SECTION 268. Said chapter 71 is hereby further amended by striking out section 96 and inserting in place thereof the following section:- Section 96. All school-aged children placed by, or under the control of, the department of public welfare or the department of social services under the provisions of sections seven and nine of chapter seventy-six of the General Laws, other than in their home city or town, shall have their tuition reimbursed, subject to appropriation, under the provisions of said sections seven and nine. SECTION 269. (a) Notwithstanding the provisions of any general or special law to the contrary, this section shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property, and legal obligations of the following, functions of state government from the transferor agency to the transferee agency, as hereby defined: (1) The functions of the department of labor and industries, insofar as they relate to the investigation and enforcement of laws pertaining to wages, hours and working conditions, child labor, fair competition for bidders on public construction jobs and workplace safety, with the exception of lead and asbestos and the division of occupational hygiene, as the transferor agency; to the office of the attorney general, as the transferee agency. (2) The functions of the office of veterans' services in the executive office of health and human services, as the transferor agency; to the department of veterans' services in the executive office of administration and finance, as the transferee agency. (b) All employees of the transferor agencies as defined in subsection (a), including those who immediately prior to the effective date of this act hold permanent appointment in positions classified under chapter thirty-one of the General Laws or have tenure in their positions by reason of section nine A of chapter thirty of the General Laws or do not hold such tenure, are hereby transferred to the transferee agencies, as defined in subsection (a), without interruption of service within the meaning of said section nine A or said chapter thirty-one of the General Laws, and without reduction in compensation or salary grade. Notwithstanding the provisions of any general or special law to the contrary, all such employees shall continue to retain their right to collectively bargain pursuant to chapter one hundred and fifty E of the General Laws, and shall be considered employees for the purposes Chap. 110 of said chapter one hundred and fifty E. (c) All petitions, requests, investigations, and other proceedings appropriately and duly brought before the transferor agencies, as defined in subsection (a), or duly begun by said transferor agencies and pending before said transferor agencies prior to the effective date of this act, shall continue unabated and remain in force, but shall be assumed and completed by the transferee agencies, as defined in subsection (a). (d) All orders, rules and regulations duly made and all approvals duly granted by the transferor agencies, as defined in subsection (a), with the exception of the department of labor and industries, which are in force immediately prior to the effective date of this act, shall continue in force and the provisions thereof shall thereafter be enforced, until superseded, revised, rescinded or canceled in accordance with law by the transferee agencies, as defined in subsection (a). (e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, which immediately prior to the effective date of this act are in the custody of the transferor agencies, as defined in subsection (a), shall be transferred to the transferee agencies, as defined in subsection (a), including all such property held in trust. (f) All duly existing contracts, leases and obligations of the transferor agencies, as defined in subsection (a), shall continue in effect but shall be assumed by the transferee agencies, as defined in subsection (a). No existing right or remedy of any character shall be lost, impaired or affected by the provisions of this act. SECTION 270. This section may be cited as the Interstate Corrections Compact. The Interstate Corrections Compact is hereby enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows: The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economics in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources. As used in this compact, unless the context clearly requires otherwise, the following terms shall have the following meanings:- "State", a state of the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. "Sending state", a state party to this compact in which conviction or court commitment was had. Chap. 110 "Receiving state", a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had. "Inmate", a male or female offender who is committed, under sentence to or confined in a penal or correction institution. "Institution", any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates may lawfully be confined. (a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: (1) Its duration; (2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance; (3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom; (4) Delivery and retaking of inmates; and (5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states. (b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent herewith. Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to sub-section (3), shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care of an appropriate -program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state. The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of subsection (3). Chap. 110 Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state. Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had been place in the sending state. In any and all proceedings had pursuant to the provisions of this paragraph, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory. Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state. The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact. Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the Chap. 110 confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements. The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. SECTION 271. Notwithstanding the provisions of section thirty-five of chapter two hundred and seventy-six of the general laws, in Essex county and Norfolk county, except in proceedings under sections fifteen to eighteen A inclusive, of chapter two hundred and seventy-three of the General Laws, the court or justice may adjourn an examination or trial from time to time, not exceeding thirty days at any one time against the objection of the defendant, and to the same or a different place in the county. In the meantime, if the defendant is charged with a crime not bailable, he shall be committed: otherwise, he may recognize in a sum and with surety or sureties to the satisfaction of the court or justice, or without surety, for his appearance for such further examination and for want of such recognizance he shall be committed. The chief justice for the district court department, with the approval or at the discretion of the supreme judicial court, may request the general court to suspend this act if he finds that circumstances have arisen which seriously delay the trial of cases and seriously impede the administration of justice. The provisions of this section shall be implemented by the chief justice for the district court department and shall be effective in Essex County and Norfolk County for a period of one year commencing on January first, nineteen hundred and ninety-four and shall apply only to actions commenced on or after January first, nineteen hundred and ninety-four. In the event that the provisions of this act are not extended by the general court prior to January first, nineteen hundred and ninety-five, or in the event that the provisions of this act are suspended by the general court prior to said date, actions pending or initiated in Essex County or Norfolk County shall be conducted pursuant to all applicable provisions of the General Laws and shall not be subject to the provisions of this section. The chief justice of the district court department of the trial court, in consultation with the district attorneys for Essex County and Norfolk County and the committee for public counsel services, shall prepare and file with the clerks of the senate and house of representatives and the house and senate committees on ways and means, an initial report on the implementation of this act, on or before March first, nineteen hundred and ninety-four, and a final report on said implementation, on or before July first, nineteen hun- Chap. 110 dred and ninety-four. Said reports shall provide detailed information concerning the status and effect of implementation of this section, including but not limited to any costs incurred as a result of such implementation, as well as a statistical analysis of the disposition of examinations or trials conducted pursuant to the provisions of this section which indicate the number of examinations or trials that were adjourned for up to thirty days and the effect such time had on the examinations or trials. SECTION 272. The House Committee on Ways and Means shall conduct a study of the funding sources for all programs administered, developed, monitored or overseen by the judiciary. SECTION 273. There is hereby established in the office of the chief justice for administration and management of the trial court a pilot indigency verification unit. Notwithstanding any general or special law to the contrary, said unit shall evaluate and verify the assets, income and expenses of persons requesting appointment of counsel pursuant to section two of chapter two hundred and eleven D of the General Laws, and make recommendations to the court relative to the appointment of counsel for such persons. Said unit shall conduct selected post-appointment reviews of indigency and inform the court of its findings. Said unit shall obtain access to records of the department of public welfare, the department of revenue, the department of corrections and such other state agencies as may have information relevant to the unit. Said departments and all other state agencies shall comply with any request for records made by said unit. Said unit may contract with providers of asset and credit records and other relevant information for the provision of such information to the unit. Said unit shall operate in three courts of the commonwealth as determined by said chief justice. Said chief justice shall prepare and submit to the house and senate committees on ways and means on or before May first, nineteen hundred and ninety-four, a report evaluating the operations of the unit and making recommendations concerning statewide expansion of the unit. SECTION 274. There shall be established within the department of procurement and general services a division of purchased services. The division shall have primary responsibility for the implementation and coordination of an efficient and accountable system of procurement, selection, pricing, contract administration, program monitoring and evaluation, contract compliance and post audit for any department, agency, board or commission of the commonwealth which procures or pays for social service programs from providers. For the purposes of this section, the term "social service program" shall mean any social, special educational, mental health, mental retardation, habilitative, rehabilitative, vocational, employment and training, or elder services program or accommodations, purchased by a governmental unit, including any program provided pursuant to chapter seventy-one B, but excluding any program or service which is reimbursable under Title XIX of the Social Security Act. The term "governmental unit" shall mean the commonwealth and any school district or other political subdivision of the commonwealth. Chap. 110 The division shall be headed by an assistant commissioner, who shall be appointed by and serve at the pleasure of the secretary of administration and finance, and who shall have administrative responsibility for said division. The position shall be classified in accordance with section forty-five of chapter thirty of the General Laws, and the salary therefor shall be determined in accordance with section forty-six C of said chapter thirty. , The division shall be comprised of such bureaus as may be necessary to carry out the mission of the division, which may include, but not be limited to: an audit bureau, a bureau of data base management and a bureau of program pricing, which may be comprised of a unit for special education program pricing and a unit for other social service programs. The assistant commissioner shall report annually to the house and senate committees on ways and means on the activities and operations of the division, including any recommendations for legislation. Said report shall also summarize any findings, opinions and recommendations of the social service policy advisory board established pursuant to this section. There shall be a social service policy advisory board consisting of the secretary of health and human services or his designee, the secretary of elder affairs or his designee, the commissioner of education or his designee, a representative of the Massachusetts association of school committees who shall be selected by that organization, a representative of the associated industries of Massachusetts who shall be selected by that organization, a representative of the Massachusetts association of approved private schools who shall be selected by that organization, and twelve members appointed by the governor, one of whom shall be a representative of a provider contracting with one or more agencies within the executive office of health and human services, one of whom shall be a representative of a provider contracting with the executive office of elder affairs, one of whom shall be a consumer of services provided by one or more agencies within the executive office of health and human services, one of whom shall be a consumer of services provided by an agency contracting with the executive office of elder affairs, one of whom shall be a representative of the Massachusetts superintendents of schools association or a special education administrator for a city or town of the commonwealth, and one of whom shall be a parent of a child with special education needs. Each appointed member of said board shall be appointed for a term of three years and may be reappointed; provided, that among the initial appointed members, four shall be appointed for a term of one year, four shall be appointed for a term of two years, and four shall be appointed for a term of three years. The chairperson of said board shall be selected by the governor and shall serve in this function for a term of not more than one year. Said board shall meet quarterly and shall make recommendations to the assistant commissioner on matters of policy of the division. Except in the case of emergency regulations, at least thirty days before the promulgation of any proposed regulation, the assistant commissioner shall provide a copy thereof, together with an explanatory statement, to said board. The assistant commissioner shall give due consideration to comments on such proposed regulation submitted by said board or any members thereof. Chap. 110 The division shall have the responsibility for prescribing the methods to be used in determining the prices to be reimbursed to providers of social service programs by governmental units. The methods prescribed by the division in determining prices shall incorporate cost containment standards and shall be fair to both governmental units and providers; provided, that in no event shall such methods result in a price for any component purchased from a provider of social services that exceeds ninety percent of the price paid by private sector purchasers for the same or a comparable component or service. All governmental units shall pay the prices developed in accordance with the methods prescribed by the division. The prices determined by the division of purchased services, or pursuant to its methods, for programs pursuant to chapter seventy-one B of the General Laws shall be set annually by the first Wednesday in February for the next fiscal year. If said division fails to determine said final annual prices on or before the first Wednesday in February, said prices in effect shall continue to be in effect for the next fiscal year. Program prices for programs approved under said chapter seventy-one B which are located outside of the Commonwealth may be adjusted prospectively to account for rate or price adjustments authorized by the host state's rate setting body. In addition, program prices may be adjusted prospectively to account for unanticipated emergencies beyond the reasonable control of the provider, or to reflect costs attributable to extraordinary changes in volume, or to account for compliance with federal or state statutory or local regulatory requirements as determined by the division and pursuant to standards developed by the division. No such price may be adjusted retroactive to its effective date except to account for the results of administrative reviews, if any, as provided in the regulations of the division. Nothing herein shall preclude the division from setting a price for a new program established for the first time under said chapter seventy-one B, or individual or sole source prices as provided in the regulations of the division after the first Wednesday in February of any fiscal year. The division shall submit an estimated rate of inflation for social service programs to the secretary of administration and finance annually by December first for consideration in the preparation of the governor's annual budget recommendation. Any provider or governmental unit aggrieved by the division's action or failure to act with respect to the determination of a price pursuant to the division's pricing methods, and desiring a review thereof, may file, pursuant to regulations promulgated by the division, an appeal with the division of administrative law appeals in accordance with the section four H of chapter seven of the General Laws. The question on appeal of the decision of the division of purchased services shall be whether said division, in taking the action challenged by the aggrieved party, has properly applied its regulations. This paragraph shall not be construed to confer a right upon any aggrieved party to challenge, in a proceeding before the division of administrative law appeals, the procedural or substantive validity of any regulation of general applicability promulgated by the division of purchased services. Any such challenges shall be brought exclusively in the superior courts of the commonwealth in accordance with the provisions of chapter thirty A of the General Laws. Chap. 110 The division shall establish guidelines and standards, consistent with generally accepted governmental auditing standards, for independent financial and performance audits of providers of social service programs and governmental units purchasing programs. The division shall coordinate or conduct audits of providers as needed to monitor compliance with applicable fiscal policies. The division shall develop and administer a uniform system of financial accounting, allocation, reporting and auditing of providers which conforms to generally accepted governmental auditing standards. The division may conduct quality assurance reviews of provider financial statements and their auditors' reports and work papers. The disclosure of client records by providers to auditors, including independent auditors as defined by Federal Office of Management and Budget Circular A-133, as amended, as necessary to comply with state and federal audit requirements shall not constitute an invasion of privacy, or other wise be grounds for civil or criminal penalty. The assistant commissioner may, in accordance with said chapter thirty A, and after notice to the social service policy advisory board, promulgate rules and regulations required to develop, implement, administer and monitor the programs and functions of the division. Said regulations shall provide for right of appeal, to the division or appropriate other bodies, for any procuring governmental unit or provider aggrieved by any action or failure to act under color of this section or said regulations. All proposed regulations of the office for children and the department of education, and any other licensing or certification standards proposed by any department procuring social service programs, shall be forwarded to the division of purchased services with a statement describing the anticipated financial impact of the regulations fourteen days prior to publication of the notice of rule making required under said chapter thirty A. SECTION 275. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established within the executive office of health and human services a division of medical assistance, hereinafter the division, which shall be responsible for the administration of the programs of medical care and assistance established pursuant to chapter one hundred and eighteen E of the General Laws. For each appearance of the words "department of public welfare", "department" or "welfare" in chapter one hundred and eighteen E, chapter one hundred and ninety-three, chapter one hundred and ninety-four, chapter one hundred and ninety-five, and chapter one hundred and ninety-eight of the General Laws, reference to the said department shall be construed to refer to the said division unless the context clearly requires otherwise. Wherever the words "department of public welfare", "department" or "welfare" otherwise appear in any general or special law or in any order, rule, regulation or other document related to the exercise of powers or the performance of duties under chapter one hundred and eighteen E such words shall be construed to refer to said division. The division shall be in the charge of a commissioner who shall be known as the commissioner of medical assistance and who shall be appointed by the secretary of said ex- Chap. 110 ecutive office, with the approval of the governor, and who shall serve at the pleasure thereof. The commissioner may appoint a deputy commissioner and such assistant commissioners, not to exceed four in number, as he determines necessary to carry out the work of the division. The commissioner and his appointees shall have such educational qualifications and such administrative and other experience deemed necessary for the performance of the duties of those offices. The positions of commissioner, deputy commissioner and assistant commissioners shall be classified in accordance with section forty-five of chapter thirty of the General Laws and the salary shall be determined in accordance with section forty-six C of said chapter thirty. Said division is responsible for administering said programs of medical assistance. Any agency engaging in any activity or implementing any policy (1) involving the delivery of services reimbursable under said chapter one hundred and eighteen E, (2) the certification or licensure of providers of services under said chapter, or (3) the identification of individuals eligible for assistance under said chapter, shall seek review by the said commissioner prior to engaging in any such activity or implementing any such policy. Beginning July first, nineteen hundred and ninety-three, the said division shall have the powers, duties and responsibilities established by chapter eighteen, chapter one hundred and eighteen E and any other general or special law necessary for the administration of said medical assistance programs. The commissioner shall appoint and may remove such agents and subordinate officers as the commissioner may deem necessary, may establish such subdivisions within the division as he deems appropriate and may establish regional or local offices at such locations in the commonwealth as he may deem necessary. Such locations may include, but shall not be limited, to the regional or local offices of the department of public welfare. An immediate priority of the new division shall be the development of management information reports on not less than a quarterly basis. Said reports shall relate expenditures on medical services to recipient utilization patterns for such services including, but not limited to, the units of service rendered by provider type to unduplicated recipients by age and gender. Said reports shall further identify such patterns by category of assistance on a date of service basis for recipients participating in managed care compared to recipients with other third party coverage, including, but not limited to, qualified medicare beneficiaries. The commissioner shall ensure that such reports are made available for public inspection and dissemination. The commissioner of public welfare shall transfer to the division all books, papers, records, documents, equipment, land, interests in land, buildings, facilities, and other property, both personal and real, which immediately prior to the effective date of this section are in the custody of the department, and relate solely to or are maintained for purposes related to medical assistance; provided, however, that all such property held in trust shall continue to be held in trust by the division. Both commissioners shall reasonably and equitably apportion to the department and to the division the rights to and responsibilities Chap. 110 for those books, papers, records, documents, equipment, land, interest in land, buildings, facilities and other property, both personal and real which, prior to the effective date of this section, are in the custody of the department and relate to or are maintained for purposes related both to medical assistance and financial assistance; provided, that all such property held in trust shall continue to be held in trust by the department or the division. Any questions regarding the identification of such property, the apportionment of rights to and responsibilities for such property, and the times for the transfer of such property shall be determined by said secretary or his designee. Employees of the said department who on January first, nineteen hundred and ninety-three performed functions related solely to medical assistance regardless as to which division within the said department such employees were allocated on that date, shall be transferred to the division of medicaid. Both commissioners shall reasonably and equitably apportion to the department and the division those employees of the department who on January first nineteen hundred and ninety-three performed functions related both to medical assistance and financial assistance regardless of which division within the department such employee was allocated on that date. Any questions regarding the identification of such employees and employee positions, the apportionment of such employees and employee positions, and the times for the transfer of such employees and employee positions shall be determined by said secretary or his designee. All employees of the said department who are allocated to the division of medicaid shall be so transferred without impairment of civil service status, without interruption of services within the meaning of chapter thirty-one of the General Laws, without impairment of seniority, retirement or other rights of employees, without reduction in compensation or salary grade, and without change in union representation, notwithstanding any change in title or duties resulting from such transfer. Nothing in this section shall be construed to confer upon any employee any right not held immediately prior to the date of such transfer, or to prohibit any reduction of salary or grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited prior to such date. All other duly existing rights, obligations and responsibilities of said department which relate to medical assistance and which are in force immediately prior to the effective date of this section shall be transferred to the division reasonably and equitably in the manner described above. Any orders, rules, and regulations duly made, and all licenses, permits, certificates, and approvals duly granted, by the said department which arise from or relate to medical assistance and which are in force immediately prior to the effective date of this section shall remain in force and effect unless and until superseded, revised, rescinded, or canceled in accordance with law by the said division. Any questions regarding the identification and responsibility for such orders, rules, regulations, licenses, permits, certificates and approvals shall be determined by the said secretary or his designee. Chap. 110 Implementation of this section shall commence upon the date of its effect, with a transition period extending until one year from that date. The commissioner of the said division, with the approval of the secretary, may make agreements with the commissioner of the department for the department to carry out any of the functions provided for by chapter one hundred and eighteen E. Notwithstanding any provisions of this section to the contrary, powers and duties vested in the department or in any board, council or official of such department and powers and duties vested in the division under this section shall be exercised by the department during such transition period until such time as such power or duty shall be implemented and assumed by the said division. SECTION 276. Notwithstanding any other provision of law, the commissioner of revenue is authorized to waive any penalty under chapter sixty-two C of the General Laws for a period pursuant to this section and may forego the assessment of tax under said chapter sixty-two C for any period beginning on or before January first, nineteen hundred and eighty-six with respect any of the following taxpayers: (a) A nonresident subject to the tax imposed under chapter sixty-two of the General Laws who has failed to file returns reporting income from sources within the commonwealth, within the meaning of section five A of said chapter sixty-two, as required by section six of chapter sixty-two C for all taxable years beginning after January first, nineteen hundred and eighty six, and on or before January first nineteen hundred and ninety-two, if such nonresident files all require returns and pays all taxes and interest required to be shown on said returns during the special filing period; (b) A foreign corporation subject to the tax imposed under chapter sixty-three of the General Laws that has failed to file the returns required by section twelve of chapter sixty-two C for all taxable years beginning after January first, nineteen hundred and eighty-six, and on or before January first, nineteen hundred and ninety-two, if such corporation files all required returns and pays all taxes and interest required to be shown on said returns during the special filing period; and (c) A person subject to the tax imposed by chapter sixty-four I who has failed to report the purchase of any item of tangible personal property or service with respect to which said tax is required to be shown on a return due under subsection (i) of section sixteen of chapter sixty-two C after January first, nineteen hundred and eighty-six, and on or before January first, nineteen hundred and ninety-two, if such person reports all such purchases and pays all such taxes and interest thereon during the special filing period. For the purposes of this act, the term "special filing period" shall mean a period of three consecutive calendar months chosen by said commissioner in his discretion, provided that said three month period shall begin at any time on or after July first, nineteen hundred and ninety-three and shall end no later than June thirtieth, nineteen hundred and ninety-four. The commissioner shall prescribe such forms as are necessary to implement this section and may require taxpayers to file said forms in addition to the returns and other information required by this section. The provisions of this section shall be binding on the commissioner Chap. 110 and the taxpayer, provided that the commissioner shall be authorized to assess additional taxes and penalties with respect to matters covered by this section as provided in said chapter sixty-two C where the taxpayer reports false of fraudulent information on the forms and returns required under this section. SECTION 277. The Massachusetts general court hereby requests that the Massachusetts congressional delegation complete an investigation of, and make recommendations for, methods to reduce the fiscal effects of federal environmental statutes and regulations, consistent with their purposes, and that said delegation's report include cost benefit analyses of current or proposed federal requirements. SECTION 278. Notwithstanding the provisions of any general or special law to the contrary, the time within which the special commission established by chapter three of the resolves of nineteen hundred and ninety-one to make an investigation and study relative to revising the vehicle emissions inspections and maintenance program and other matters related thereto is hereby authorized to extend the time within which said commission shall complete its investigation and study and file its final report until August fifth, nineteen hundred and ninety-three. SECTION 279. On or after June thirtieth, nineteen hundred and ninety-four, the Massachusetts Water Resources Authority is hereby authorized and directed to seek an opinion from the Internal Revenue Service to determine the deductibility from federal taxation of base water and sewer charges. SECTION 280. The Massachusetts Water Resources Authority is hereby authorized and directed to file a formal petition with the federal district court relative to said court's implementation timetable of combined sewer overflow controls and other non-sewerage treatment plant projects. Said petition shall include, but not be limited to, a request for a phased approach to implementing said combined sewer overflow controls and other water treatment processes pursuant to the Federal Safe Drinking Water Act and the Federal Clean Water Act. SECTION 281. The Massachusetts Water Resources Authority, established pursuant to chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-four, is hereby authorized and directed to implement the MWRA Advisory Board's FY92-93 Capital Improvement Plan recommendations, subject to approval by appropriate federal courts. Said authority shall report to the clerk of the house of representatives and the clerk of the senate on the progress of the implementation by December thirty-first, nineteen hundred and ninety-three. SECTION 282. The comptroller is hereby authorized to engage the services of a certified public accounting firm expert in environmental regulation, to audit the activities of the Massachusetts Water Resources Authority, hereinafter called the authority. This audit shall focus on program results as well as cost effectiveness, including both existing operation and capital budgets as well as determinations about whether specific projects are needed to meet essential environmental goals. The audit shall develop and recommend a list of all Chap. 110 reasonable proposals to enable the authority to petition the federal district court for permission to scale back the present capital plan. This list shall include, but not be limited to, those proposals described in the March nineteen hundred and ninety-three report of the authority advisory board; provided, however, that nothing herein shall be construed to discourage the authority from petitioning the federal district court as soon as possible for approval of any cost-saving measures. The report shall be submitted to the house and senate committees on ways and means no later than December 31, 1993. A sum of not more than two hundred and fifty thousand dollars may be expended for this purpose from line item 1000-1100 of section two of this act. SECTION 283. The Massachusetts Water Resources Authority board of directors is hereby authorized and directed to immediately provide all of the necessary resources, financial and otherwise, to the Massachusetts Water Resources Authority advisory board so that said board may conduct a cost analysis of sewer service in order to determine a rate methodology which fairly and equitably assesses the member communities within the Massachusetts Water Resources Authority district for sewer services. Such analysis will give due consideration to the volume of flow into and from each community and shall make equitable adjustments for the impact of wet weather flows upon the volume of flow from each community sufficient to encourage each community to maximize the reduction of inflow and infiltration and the relative strength of flow from each community and other relevant factors. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Water Resources Authority board of directors shall adjust said methodology for the communities within said district no later than July first, nineteen hundred and ninety-four and assess said communities according to the rate methodology that had been so recommended; provided, however, that said rate methodology shall be filed with the clerks of the house and senate and the chairmen of the joint committee on natural resources and shall not take effect without further statutory authorization. Notwithstanding the provisions of any general or special law to the contrary, communities within the Massachusetts water resources authority's sewer district are hereby authorized and directed to make appropriate adjustments to fees and charges to meet all financial obligations of said communities to said authority for fiscal year nineteen hundred and ninety-four. SECTION 284. Notwithstanding any general or special law to the contrary, any unlined municipal landfill that is subject to an administrative consent order issued by the department of environmental protection after July first, nineteen hundred and ninety-two and prior to July first, nineteen hundred and ninety-three that requires such municipal landfill to cease accepting solid waste before June thirtieth, nineteen hundred and ninety-six, shall be subject to the provisions of the fifteenth paragraph of section one hundred and eleven of chapter one hundred and fifty A of the General Laws, as inserted by this act, and the provisions of such consent order shall be deemed amended to the extent such order is not consistent with the provisions of this paragraph. Chap. 110 SECTION 285. The department of environmental protection shall extend the amnesty period for implementation of the regulations pursuant to chapter ninety-one of the General Laws to October fourth, nineteen hundred and ninety-five. SECTION 286. The board of registration of hazardous waste site cleanup professionals shall be paid from the hazardous waste cleanup program of the department of environmental protection for fiscal year nineteen hundred and ninety-four. SECTION 287. Notwithstanding the provisions of any general or special law to the contrary, the registrar of motor vehicles and the Environmental Trust Fund shall develop a distinctive Environmental Trust Fund registration and plate for private passenger motor vehicles on the theme of the right whale; provided that in addition to regular registration fee, an additional amount of not less than twenty-five dollars shall be paid; a portion of the fee for the purposes of offsetting the direct expenses of issuing special plates shall be deposited in a registry retained revenue account; provided further, that the balance of said fee shall be deposited in the Environmental Trust Fund, as established by chapter two hundred and thirty-six of the Acts of nineteen hundred and eighty-eight; and provided further that the plate shall be available no later than January first, nineteen hundred and ninety-four. SECTION 288. Notwithstanding any general or special law to the contrary no commercial vessel rigged for otter or beam trawl and/or dragging operations shall land sea herring by midwater trawlers or pair trawlers in Massachusetts coastal waters or ashore. No midwater trawling nor pair trawling of sea herring shall take place in any area as defined by the Atlantic States Marine Fisheries Commission Designated Area One (1) starting at forty-one (41) degrees thirty-five (35) minutes latitude north and preceding north, sixty-nine (69) degrees longitude, forty-two (42) degrees fifty-three (53) minutes fourteen (14) seconds latitude and sixty-seven (67) degrees forty-four (44) minutes thirty-five (35) seconds longitude. SECTION 289. The secretary of communities and development and the secretary of consumer affairs are hereby authorized and directed to enter into an interagency agreement for the expenditure of two million dollars from the Oil Overcharge Trust Fund for the one and two person program, so-called, for elders and families who income is in excess of one hundred and fifty percent of the federal poverty level, but not more than one hundred and seventy-five percent of said level, and for a program of supplemental energy assistance for low-income elders and families to be administered in accordance with the Low Income Home Energy Assistance Act of 1981, as amended; provided, that such amount may be expended from such fund for the fiscal year ending June thirtieth, nineteen hundred and ninety-four without further appropriation; and provided further, that notwithstanding the provisions of any general or special law to the contrary, funds expended for said one and two person program and for said program of supplemental energy assistance for low income elders and families shall not be subject to federal reimbursement. SECTION 290. Notwithstanding the provisions of chapter four hundred and ninety of the acts of nineteen hundred and eighty, the executive office of communities and development may authorize neighborhood housing services corporations to retain and reloan Chap. 110 funds received in repayment of loans made pursuant to the neighborhood housing services rehabilitation program. SECTION 291. Notwithstanding the provisions of section thirty-nine of chapter one hundred and twenty-one B of the General Laws, as amended by this act, in any state-funded project which contains units for both elderly persons of low income and handicapped persons of low income, if on the effective date of this section, the number of units occupied by such handicapped persons exceeds ten percent of the total units in the project, the housing authority shall allow any such handicapped person residing in said units on the effective date of this section to continue to reside therein. SECTION 292. Notwithstanding the provisions of any general or special law or regulation to the contrary, all housing authorities operating elderly public housing are hereby authorized and directed to offer first preference for elderly public housing units which are vacant as of the effective date of this act, and thereafter, to those persons sixty-two years of age or older on June thirtieth, nineteen hundred and ninety-three, then receiving rental assistance from the Massachusetts rental voucher program. The executive office of communities and development shall oversee and enforce compliance by local housing authorities with the provisions of this section, and is hereby authorized to take such actions as it deems necessary, including requiring regular, up-to-date reports by the housing authorities and nonprofit organizations operating such public housing, to insure such compliance in a timely and equitable fashion. SECTION 293. Notwithstanding the provisions of any general or special law to the contrary, the secretary of the executive office of communities and development is hereby authorized and directed to enter into an interagency agreement with the commissioner of revenue to utilize the department of revenue's wage reporting and bank match system for the purpose of verifying the income and eligibility of participants and members of the participants' households in the Massachusetts rental voucher program; provided further, that any household, in which a participant or member of a participant's household in the Massachusetts rental voucher program shall fail to provide his or her social security number for use in verifying the household's income and eligibility, shall no longer be eligible for a voucher or to receive benefits pursuant to the Massachusetts rental voucher program; provided further, that the secretary of the executive office of communities and development, as condition of continued eligibility for a voucher and for voucher payments, may require disclosure of social security numbers by participants and members of the participants' households in the Massachusetts Rental Voucher Program for use in verification of income with other agencies, departments and executive offices in the commonwealth. SECTION 294. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, the registrar of motor vehicles shall not, prior to March first, nineteen hundred and ninety-four, implement, cause to be implemented or contract for any change in the system or technology currently employed by the commonwealth relative to the registration of motor vehicles, including without limitation, the remote entry processing system of the registry of motor vehicles and any other plan to shift registry of motor vehicles' Chap. 110 data processing or fee collection responsibilities to any private entity. In no event shall any change in said system of technology be contracted for or implemented by said registrar at any time unless a cost study comparing the costs of the remote entry processing system of the registry of motor vehicles with any proposed change in systems is filed with the house and senate committees on ways and means and the joint committee on public safety sixty days prior to execution of such contract or implementation of said changes. SECTION 295. Notwithstanding the provisions of any general or special law to the contrary, benefits that have been terminated by the department of public welfare after timely notice and opportunity for hearing shall not be reinstated until such time as an administrative appeal has been decided in favor of the appellant, or a court has granted interim relief. SECTION 296. The department of public welfare shall conduct a study of the feasibility and cost effectiveness of requiring all new recipients enrolled in the EAEDC or AFDC programs, so called, and any recipients who have reported lost or stolen checks, and who have a bank account, to receive their benefits through direct bank deposit. Said department shall report the results of its study to the house and senate committees on ways and means on or before December thirty-first, nineteen hundred and ninety three. SECTION 297. The department of public welfare is hereby authorized and directed to provide transportation assistance to certain applicants and recipients of cash assistance and medical assistance for permanent relocation outside of the commonwealth pursuant to department regulations and may make expenditures from items 4400-1000, 4403-2000 and 4408-1000 of section two of this act for the purposes of this section. SECTION 298. The department of public welfare shall contract for regional administration of a pilot program to reduce homelessness with the housing assistance corporation, a nonprofit organization located in the town of Barnstable, hereinafter referred to as the regional administrator. The responsibilities of the regional administrator shall be detailed in a written contract and shall include the following services to be provided to program performance of lease obligations and case management. Said regional administrator shall also be responsible for raising a sum of money locally for purposes of providing a homelessness prevention program for families in imminent risk of becoming homeless; provided, that for fiscal year nineteen hundred ninety-four, said regional administrator shall raise for said program a sum of money no less than sixty-two thousand five hundred dollars. In order to qualify for participation in said pilot program, a family must either be living in a temporary shelter paid for through the department's emergency assistance program for no less than thirty days, during which period the family has been unable, despite reasonable efforts as required by the regulations of the department, to obtain suitable, permanent, affordable housing, or be eligible to participate in the department's emergency assistance program. Subject to appropriation, the department shall pay rental assistance, for units provided to participants in said pilot program, of no greater than five hundred dollars per month for two-bedroom units, and no greater than six hundred dollars per month for three- Chap. 110 bedroom units. The homelessness prevention program shall include a) rent or mortgage assistance when the rent contribution provided by the department pursuant to this section is insufficient, and b) rental assistance to reduce the rent contribution provided by the department pursuant to this section, subject to the availability of funds. The regional administrator shall be paid an administrative fee not to not to exceed fifty dollars per month per participating family; provided, that the administrative fee shall be collected by the regional administrator from program participants. Nothing in this section shall be construed to create any right to participate in said pilot program in this or any future fiscal year, and no family which meets the eligibility requirements for said pilot program shall have any such right to participate; Nothing in this section shall be construed to require a family which meets the eligibility criteria for said pilot program to participate therein. A family which is otherwise eligible to receive benefits pursuant to the department's emergency assistance program shall not lose eligibility for such benefits solely as a result of its agreement to participate or its participation in said pilot program. No more than two hundred fifty thousand dollar may be expended for this program from item 4403-2100 of section two of this act and said funds shall be the only funds available for this program. SECTION 299. The department of public welfare is hereby authorized and directed to study the feasibility and cost efficacy of the implementation of an aid for families with dependent children school attendance program. The phases of such program shall be directed at the following requirements: (A) No aid shall be paid hereunder to, or on behalf of, any child over age twelve whose school attendance does not meet the requirements of subsection B, for the period during which such child does not meet those requirements. (B) Each recipient of aid hereunder shall be required to provide official school documentation, not less than once every three months, that a child in his family unit who is over the age of twelve and receiving payments under this chapter has missed no more than ten school days due to unexcused absences during the previous six-month period. If a recipient of aid hereunder fails, without reason, to provide the documentation required by the first paragraph of subsection B within a reasonable time, or, if the documentation provided indicates that such child has missed more than ten school days due to unexcused absences during the previous six months, the recipient of aid here under shall be placed on probationary status, during which time such recipient shall be required to provide monthly documentation of such child's attendance. Such recipient shall remain on probationary status until such time as the number of school days missed due to unexcused absences by the child during the six preceding months does not exceed ten school days. If a child misses more than three school days due to unexcused absences during any month in the probationary status, no aid shall be paid to, or on behalf of, such child until the recipient of such aid provides documentation that the child's school attendance meets the requirements of this section. Chap. 110 Any school attended by a child to which this section applies shall provide the recipient of aid hereunder with the documentation required by this section, upon the request of the recipient. The department shall submit its report to the house and senate committees on ways and means no later than October thirty-first, nineteen hundred and ninety-three. The commissioner of the department of public welfare shall also conduct a review of welfare reform plans which have been implemented in New Jersey, Wisconsin, New York and other states. Such review shall ascertain the flaws discovered in such programs, the costs associated with implementation and the savings and or projected savings from such reforms. Said commissioner shall project the anticipated impact of implementing such plans or variations thereof in the commonwealth. The commissioner shall submit a summary of such review to the senate and house committees on ways and means on or before January first, nineteen hundred and ninety-three SECTION 300. The secretary of the executive office of health and human services is hereby authorized and directed to investigate and make recommendations to the General Court relative to the establishment of a plan of medical care and assistance for residents of the commonwealth not eligible for benefits under Title XVIII or Title XIX of the Social Security Act or employer-sponsored group health insurance. Said investigation shall examine the potential enrollee base for said plan, including its demographic and actuarial characteristics, and the level of premium affordability for said potential enrollees. Said investigation shall ascertain the extent to which employment status, income, disability, or other reasons explain why said potential enrollees currently lack health care coverage. Said investigation shall examine the relative cost of providing minimum and maximum benefit packages on an indemnity and managed care basis, and shall compare the costs and coverages of such options to plans administered under chapters one hundred seventy-six A and one hundred seventy-six B of the General Laws. Said investigation shall examine the cost of insuring high risk enrollees and the need for and availability of reinsurance or other risk-sharing mechanism to ensure the solvency and affordability of said plan in the event high risk enrollees are covered by said plan. Said investigation shall examine cost containment measures necessary to control premium affordability, including sliding scale premiums, copayments, deductibles and excluded coverages. Said investigation shall examine the effects of using negotiated rates of reimbursement versus rates established by the rate setting commission on the ability and willingness of health care providers to participate in said plan. Said investigation shall examine the effects of said plan on the uncompensated care pool, including savings to employer sponsored health insurance plans, revenues generated for disproportionate share hospitals and federal financial participation generated for the commonwealth. Said investigation shall examine the amounts necessary to capitalize said plan and the liability of the commonwealth for initial capitalization and long term plan liabilities. Said investigation shall examine eligibility criteria for said plan, including the use of means-testing and underwriting principles to promote access and affordability. Said investigation shall further examine administrative arrangements for said Chap. 110 plan, including but not limited to the use of state agencies, an independent authority or other entity to manage marketing, enrollment, claims processing and risk management functions. Said secretary shall summarize the results of said investigations and made any recommendations relative thereto by filing a report at his convenience, but not later than March first, nineteen hundred and ninety-four, with the clerk of the Senate and the clerk of the House of Representatives. SECTION 301. For hospital fiscal year nineteen hundred and ninety-four, the private sector liability of purchasers and third party payers to the uncompensated care trust fund established pursuant to section seventeen of chapter one hundred and eighteen F of the General Laws shall be the lesser of the sum of all the products of each hospital's allowable free care charges and such hospital's cost to charge ratio, calculated by the commission pursuant to section eleven of chapter six B of the General Laws, or three hundred and fifteen million dollars. For state fiscal year nineteen hundred and ninety-four, notwithstanding any general or special law to the contrary, fifteen million dollars generated by federal financial participation made available under Title XIX of the Social Security Act to match the costs of said trust fund for disproportionate share hospitals shall be deposited into said trust fund. SECTION 302. Any funds remaining at the close of the fiscal year ending June thirtieth, nineteen hundred and ninety-three in the Medicaid Trust Fund established by section ninety-three of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two shall revert to the General Fund. SECTION 303. Notwithstanding any general or special laws to the contrary, the division of medical assistance shall apply to the health care finance administration and undertake all steps, including but not limited to the preparation of federal legislation, deemed necessary to obtain a waiver of the federal prohibition that permits certain recipients of the medicaid program to avoid copayments by refusing to make such payments when purchasing prescription drugs. Said efforts shall seek to extend to the maximum number of recipients the required payment of the maximum permissible amount to be charged as copayments for obtaining prescriptions. Said division shall report to the house and senate committees on ways and means not later than October first, nineteen hundred and ninety-three on all such steps undertaken in seeking said waiver, shall include in said report copies of materials documenting such efforts, copies of correspondence received from federal officials in response to such efforts. SECTION 304. The division of medical assistance is hereby directed to compile a list of the top one thousand utilizers and providers of the medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws as determined by the dollar amount of the benefits used by recipients and the dollar amount of reimbursements made to providers for fiscal year nineteen hundred and ninety-three. The commissioner of said division is further directed to conduct a study of this data, including said recipients' relevant medical histories, which shall be reported to the committees on ways and means of the house and senate no later than November first, nineteen hundred and ninety-three. Such study shall include, but not be limited to, identification of patterns of Chap. 110 inappropriate use, possible fraud, use of services in a way that is clearly not cost efficient and the feasibility of placing high-utilizers in a program of managed care. Such study shall also include a breakdown of the total dollar amount of benefits used by each recipient and the amount of money reimbursed to each provider in each year, by the category of medical care or services provided. Said commissioner is expected to offer recommendations for methods of reducing over-utilization and inappropriate use as discovered by such study. SECTION 305. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance, with the cooperation of the rate setting commission, shall not approve any increase in existing medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs which must be incurred by efficiently and economically operated providers in order to provide services of adequate quality. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance may expend from any of the items established for said program in section two for any of the purposes authorized for such items until such time as the division modifies its accounting and claims processing systems in a manner that reconciles payments processed by the medicaid management information system, or MMIS, so-called, within two weeks of expenditure to the items of appropriation established in section two of this act and entered in the Massachusetts management, accounting and reporting system, or MMARS, so-called; provided, that said modifications and reconciliation system shall be implemented by October first, nineteen hundred and ninety-three. Expenditures processed by MMIS prior to said date shall be so reconciled to MMARS not later than October fifteenth, nineteen hundred and ninety-three; and provided further, that weekly MMIS expenditures shall be reconciled to MMARS every two weeks thereafter. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance shall make no expenditures which are not federally reimbursable. Said restriction shall not apply to cost containment efforts which may not be eligible for federal reimbursement; provided, that such efforts are expended exclusively from item 4000-0310; provided further, that prior to committing to such expenditures the division shall submit notice of such efforts to the house and senate committees on ways and means; provided further, that said notice shall include a summary description of such spending, an explanation for any increase in spending for each such effort over the amount expended in the previous fiscal year and an estimate of savings resulting from each such effort. Said division may allocate funds from item 4000-0310 to other agencies for purposes of the medical care and assistance program after giving prior notice to the house and senate committees on ways and means; provided that not more than one million one hundred thousand dollars shall be expended from said item for early screening and treatment necessary to reduce hospitalizations and to avoid medicaid costs by delaying the onset of fully symptomatic AIDS. Chap. 110 No expenditures or commitments made pursuant to the items established for said program or by agreements authorized by chapter eight hundred of the acts of nineteen hundred and sixty-nine, as amended, for the purpose of complying with the provisions of Title XIX of the Social Security Act, shall be incurred in excess of available funds which have been appropriated therefor. The rate setting commission, the department of public health and the executive office of elder affairs are hereby authorized and directed to cooperate with the division in developing expected outputs for performance measures established for item 4000-0500 in section two of this act. SECTION 306. Notwithstanding the provisions of any general or special law to the contrary, the department of medical security, the division of medical assistance, hereinafter referred to as the division, and the rate setting commission are authorized and directed to take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid to hospitals, determined by the division to be disproportionate share hospitals in accordance with Title XIX requirements, for free care costs of such hospitals. Said appropriate action may include, but shall not be limited to, the assessment on hospitals for its uncompensated care fee revenue or the collection of amounts from hospitals for its liability to the uncompensated care pool pursuant to chapter one hundred eighteen F of the General Laws. Said appropriate action shall include the establishment or renewal of an interagency agreement between the division and the department of medical security which may authorize the division to make deposits into and payments from an account established for the purposes of this section within the uncompensated care trust fund established by section seventeen of chapter one hundred and eighteen F of the General Laws, or authorize the department of medical security to transfer uncompensated care fee revenue collected from hospitals pursuant to chapter one hundred and eighteen F of the General Laws, or funds otherwise made available to said trust fund by the legislature, to the division for purposes of making disproportionate share adjustment payments to hospitals qualifying for such payments in accordance with the commonwealth's Title XIX state plan and relevant provisions of Title XTX of the federal Social Security Act. The division may expend amounts transferred to it from the uncompensated care trust fund by the department of medical security under said interagency agreement without further appropriation. In no event shall the amount of money assessed upon each hospital exceed the hospital's gross liability to the uncompensated care pool as determined by the department of medical security and the rate setting commission pursuant to section fifteen of chapter one hundred eighteen F of the General Laws and section eleven of chapter six B of the General Laws. Any federal funds obtained as a result of actions taken pursuant to this section shall be deposited in the General Fund. The offices of the state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures to facilitate the expeditious assessment, collection, and expenditure of funds pursuant to this section. Chap. 110 SECTION 307. Notwithstanding the provisions of any general or special law to the contrary, the department of mental health, the division of medical assistance, hereinafter referred to as the division, and the rate setting commission are authorized and directed to take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid for low income care costs at those mental health facilities determined to be disproportionate share hospitals in accordance with requirements and implementing regulations of Title XTX of the Social Security Act. Said appropriate action may include, but shall not be limited to, the establishment of a separate account within the uncompensated care trust fund, established by section seventeen of chapter one hundred and eighteen F of the General Laws, for the purpose of making disproportionate share adjustment payments to such qualifying mental health facilities pursuant to relevant rate setting commission regulations and the related Title XIX state plan amendment submitted by the division to the health care financing administration in December, nineteen hundred and ninety-two. The division or the department of mental health may expend amounts transferred to it from said separate account within the Uncompensated Care Trust Fund without further appropriation. Any federal funds obtained as a result of actions taken pursuant to this section shall be deposited in the General Fund. The offices of the state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures for the proper accounting and expenditure of funds pursuant to this section. SECTION 308. The department of medical security is hereby authorized and directed to implement the program of primary and preventative health care services for the benefit of uninsured dependent and adopted youths from age six through age twelve established pursuant to section seventeen B of chapter one hundred and eighteen F of the General Laws not later than January first, nineteen hundred and ninety-four. SECTION 309. The department of social services is hereby authorized and directed to develop and implement a comprehensive inservice training program for its employees in regard to domestic violence. Said program shall include training in the detection and prevention of domestic violence and the utilization of existing counseling and referral services. SECTION 310. Notwithstanding the provisions of any general or special law or regulation to the contrary, the Massachusetts Bay Transportation Authority is hereby authorized and directed to remove surface rail tracks, and all related poles, wires and other structures incidental thereto, not currently in regular use by the authority along the surface rail route commonly known as the "A-line," on or before June thirtieth, nineteen hundred and ninety-four. Use of said tracks for transportation purposes shall be deemed to have been abandoned as of December thirty-first, nineteen hundred and sixty-nine, and said tracks deemed not to serve anticipated future use. The removal of these surface rail tracks shall be conducted concurrently with the resurfacing or other major improvements undertaken on the relevant municipal roadways by such municipalities. Chap. 110 SECTION 311. The Massachusetts Bay Transportation Authority is hereby authorized and directed to enter into an interagency lease agreement with North Shore community college, for fair rental value, of thirteen thousand seven hundred square feet of space located in the Massachusetts Bay Transportation Authority Lynn parking garage to be utilized as classroom space. SECTION 312. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Turnpike Authority established in section three of chapter three hundred and fifty-four of the acts of nineteen hundred and fifty-two is hereby authorized to develop and implement an early retirement process for its employees. Any such early retirement process shall not take effect before January first, nineteen hundred and ninety-five. One year before any such early retirement process takes effect the authority shall submit an analysis of any unfunded additional liability or cost that must be borne by the commonwealth's retirement system as a result of this provision. Said analysis is to be filed with the joint committee on public service and the house and senate committees on ways and means. Any such early retirement process shall not take effect without the prior written approval of the house and senate committees on ways and means. SECTION 313. The chairman of the Massachusetts Turnpike Authority is hereby authorized to conduct a study whereby travelers using the turnpike between exit tolls three and eight, which include the designated toll names of the municipalities, in order, of Westfield, West Springfield, Chicopee, Springfield, Ludlow and Palmer, be given a credit pass to travel between said tolls at no charge. The study shall consider whether a special toll card shall be given to travelers indicating that no fee will be collected when exiting the turnpike tolls ahead. SECTION 314. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Port Authority and the Massachusetts Turnpike Authority are hereby authorized to enter into agreements with the executive office of economic affairs and the tourist-promotion agencies included in section fourteen of chapter twenty-three A of the General Laws, for the purposes of domestic and international tourism and trade promotions and programs. SECTION 315. Notwithstanding any general or special law to the contrary, the school of excellence described in item 7005-0003 of section two of chapter one hundred and thirty-three of the acts of 1992 shall be funded as follows. If a student attending said school resides in a community with net school spending below the foundation amount, as defined in section two of chapter seventy of the General Laws, the district of the city or town in which said student resides shall pay to said school an amount equal to the average cost per student in said district. If a student attending said school resides in a community in which net school spending is not less than the foundation amount, the district of the city or town in which said student resides shall pay to said school an amount equal to the lesser of: (i) the average cost per student in said district; and (ii) the average cost per student in the district in which said school is located. In addition, there shall be established upon the books of the Chap. 110 commonwealth a separate fund to be known as the School of Excellence Fund. The secretary of education is hereby authorized to solicit for deposit into said fund any grants, gifts, or other revenues other than revenues of the commonwealth. All amounts deposited in said fund shall be held in trust and used only for the school of excellence. In addition to said funds, said school shall receive the amount appropriated in item 7000-0003 of section two of this act. SECTION 316. The department of revenue shall upon the request of any city or town calculate in the fiscal year beginning on July first, nineteen hundred and ninety-three local contribution as defined in section two of chapter seventy of the General Laws and certify to the department of education the amount calculated. Any city or town that used qualifying revenue amounts in a fiscal year that are not reasonably projected to be available for use in the next year may appeal to the department of revenue no later than October, first, nineteen hundred and ninety-three for an adjustment of local contribution. If the claim is determined to be valid, the department of revenue shall reduce the local contribution amount proportionally based on the amount of the shortfall. Qualifying revenue amounts shall include but not be limited to extraordinary amounts of free cash, overlay surplus, and other available funds. Notwithstanding the provisions of clause (14) of section three of chapter two hundred and fourteen of the General Laws, or any other general or special law to the contrary, the amount so determined shall be deemed to be the local contribution described in said chapter seventy and the department of education shall use the local contribution amount certified by the department of revenue to calculate preliminary local contribution and any other factor that directly or indirectly uses the local contribution amount, provided that the house and senate committees on ways and means and the joint committee on education, arts and humanities shall be notified of the amount of any reduction in the preliminary local contribution amount. The amount of financial assistance due from the commonwealth in fiscal year nineteen hundred and ninety-four under chapter seventy or any other provision of law shall not be changed on account of any redetermination of the required local contribution under this section. No city or town shall reduce its contribution to a regional school district on account of a redetermination of its required local contribution under this section. SECTION 317. Notwithstanding the definition of "Teacher" in section one of chapter thirty-two of the General Laws, any person who is employed as a teacher at the Massachusetts academy of mathematics and science on a basis of not less than half-time service shall be a member of the teachers' retirement system and shall be subject to the provisions of said chapter thirty-two. SECTION 318. Notwithstanding the provision of any general or special law to the contrary, the department of revenue is hereby authorized and directed to conduct a study relative to the feasibility and economic advantages or disadvantages of developing and implementing a student loan interest deduction program. The purposes of said program is to provide a deduction against gross taxable income. Said study shall include, but not be limited to the following: an analysis of the effects of said deduction upon tax revenue collections, providing said deduction for residents who attended public and independent Chap. 110 colleges located in the Commonwealth, providing said deduction to graduate school students, and limiting said deduction to government financed loans. The commissioner shall submit said report to the house and senate committees on ways and means and the joint committee on taxation no later than December thirty-first, nineteen hundred and ninety-four. SECTION 319. Notwithstanding the provisions of chapter ninety-three of the General Laws and the regulations promulgated thereunder by the department of education, proprietary institutions of higher education licensed by the commonwealth shall be permitted to measure the academic progress of programs in credit hours and clock hours. Said credit hour measurement shall be used solely for measuring the length of a program for proprietary institutions of higher education. Nothing herein shall be deemed to qualify a student at any of said institutions for any state supported financial assistance. SECTION 320. Notwithstanding any general or special law to the contrary, there is hereby established an interagency committee for population statistics for the purpose of advising the Massachusetts institute for social and economic research at the university of Massachusetts at Amherst, hereinafter called MISER, on the demographic data needs of state agencies and for establishing statewide demographic data standards for use by said agencies. Said committee shall include but not be limited to a representative designated by the secretary of the appropriate executive office for each of the following agencies: The executive offices for communities and development, for consumer affairs, for elderly affairs and for labor; the department of revenue and the division of capital planning and operations within the executive office of administration and finance; the department of employment and training and the division of energy resources within the executive office of economic affairs; the departments of environmental management and environmental protection within the executive office of environmental affairs; the departments of public health, public welfare, mental health, mental retardation, medical security and the rate setting commission within the executive office of health and human services; the department of highways within the executive office of transportation and construction; and the higher education coordinating council and the department of education within the executive office of education. Said committee shall further consist of a representative designated by the executive director of the Massachusetts water resources authority and may include ex officio representation to appropriate individuals and state agency representatives elected by the committee. Said committee shall have advisory authority except as otherwise herein provided: 1) to advise MISER on state agency needs in the area of population estimation, measurement of population change, and population projection; 2) to develop and recommend standards for population estimation and projection; 3) to identify specific agency needs for population statistics; 4) to develop and recommend a plan for the ongoing production and dissemination of population statistics for the commonwealth; 5) to promote state agency cooperation and discussion in the development of accurate and timely population estimates and projections; 6) to collaborate in research to study demographic issues of importance to the commonwealth; 7) to assist users of population data; and 8) to establish the latest population Chap. 110 estimates and projections from MISER and federal census data as the official standard population figures for the commonwealth. Population estimates and projections so established shall be subject to a public review and comment process for not less than sixty days prior to their adoption as official population data for the commonwealth. Said process shall minimally provide for the announcement of such proposed statistics in the register published by the secretary of state. Nothing in this act shall be construed to authorize the committee to adopt any rule or regulation limiting or modifying the powers of state agencies, the governor or other statutory offices. Said committee shall be established at no expense to the commonwealth. SECTION 321. Notwithstanding the provisions of any general or special law to the contrary, the higher education coordinating council is hereby authorized and directed to adopt a policy for all public institutions of higher education under its jurisdiction that shall require the inclusion of a statement on each tuition invoice mailed to students at each campus indicating the commonwealth's average contribution per student for tuition, capital investment and associated costs at said institution and the percentage of the student's tuition which serves to defray the cost of these items in the institution's budget. SECTION 322. Notwithstanding any general or special law to the contrary, the commonwealth's financial obligation, in fiscal year nineteen hundred and ninety-four, for tuition waivers granted pursuant to section nineteen of chapter fifteen A of the General Laws shall not exceed nine million eight hundred seventy-six thousand one hundred and eighty-six dollars; provided, that nothing in this section shall limit the dollar amount of waivers granted pursuant to special legislative authorization, including but not limited to clause (ii) of said section nineteen. SECTION 323. Notwithstanding the provisions of any general or special law to the contrary, there shall be a program, administered by the higher education coordinating council, to provide no-interest loans to undergraduate students domiciled in the commonwealth, enrolled in and pursuing a program of higher education in the commonwealth in any approved public or independent college, scientific or technical institution, or any other approved institution furnishing a program of higher education. Such assistance shall consist of full or partial loans to students in need of assistance. Repayment shall commence within six months of graduation or termination of studies; provided, that no repayment schedule shall exceed a term often years. The Massachusetts state scholarship office shall establish guidelines to govern said program which shall include, but not be limited to, eligibility requirements for students, eligibility requirements for participating institutions, terms of payment, deferment options, provisions for default, and a maximum and minimum loan award as determined by an indexing system. Said office shall also provide the estimated costs of operating said program and a schedule of estimated revenue to be generated by application fees and loan repayment. Said office is further authorized and directed to generate revenues from the collection of nominal application fees to defray the additional costs of administering said program. Said office shall annually submit guidelines, Chap. 110 cost estimates, and revenue schedules to the clerk of the house of representatives, the house and senate committees on ways and means, and the joint committee on education, arts and humanities no later than October first of each year. SECTION 324. Pursuant to section 3 of Chapter 62D of the General Laws, the department of revenue shall assist the Massachusetts Higher Education Assistance Corporation and the New England Loan Marketing Corporation in the collection of delinquent student loan repayments. SECTION 325. Notwithstanding any general or special law to the contrary, the University of Massachusetts is hereby authorized and directed to retain not more than ten million dollars in any unspent tuition retention revenues generated in fiscal year nineteen hundred and ninety-three for expenditure in fiscal year nineteen hundred and ninety-four. SECTION 326. (a) There is hereby established a retirement incentive for certain higher education employees of the commonwealth eligible pursuant to this section. Subject to the acceptance of this section by the higher education coordinating council, and notwithstanding the provisions of chapter thirty-two of the General Laws or any general or special law to the contrary, the state retirement board, established under the provisions of section eighteen of chapter ten of the General Laws, shall establish and implement said retirement incentive for higher education employees, hereinafter referred to as the retirement incentive program, in accordance with the provisions of this section; provided, that in order to be deemed eligible by said board for any of the benefit options under the retirement incentive program, an employee (/*) shall be a higher education employee of the commonwealth on the effective date of this act, (if) shall have been a member in active service of the state retirement system on July first, nineteen hundred and ninety-two, (Hi) shall be classified in Group 1 or Group 2 of said retirement system in accordance with the provisions of paragraph (g) of subdivision (2) of section three of said chapter thirty-two, (iy) shall be eligible to receive a superannuation retirement allowance in accordance with the provisions of subdivision (1) of section five of said chapter thirty-two or of subdivision (1) of section ten of said chapter thirty-two upon the date of his written application with said board, and (v) shall have filed such written application with said board in accordance with this section. Said retirement incentive shall be available to no more than seven hundred and fifty full-time equivalent faculty personnel, three hundred and seventy-five full-time equivalent administrative personnel, and three hundred and seventy-five full-time equivalent classified personnel; provided, that the retirement of employees with greater creditable service shall be approved before approval is given to employees with lesser creditable service; provided, further, that said applications shall be delivered by mail. No employee shall be eligible for more than one of the incentives offered herein and no employee may become eligible for one incentive by virtue of the application of a different incentive. For the purposes of this section, words shall have the same meaning as in chapter thirty-two of the General Laws, unless otherwise expressly provided or unless the context clearly requires otherwise. Any eligible employee who retires and receives and additional Chap. 110 benefit in accordance with the provisions of this section shall be deemed to be retired for superannuation under the provisions of said chapter thirty-two and shall be so subject to any and all provisions of said chapter thirty-two. (b) Notwithstanding so much of the provisions of section five of chapter thirty-two of the General Laws that requires a retirement date within four months of the filing of an application for superannuation retirement, in order to receive the retirement benefit provided by this act, an eligible employee, shall file his application for retirement under the provisions of this act with the state retirement board after July first, nineteen hundred and ninety-three but no later than August fifteenth, nineteen hundred and ninety-three; provided, that the retirement date requested shall be December thirty-first, nineteen hundred and ninety-three for al! classified employees of institutions of higher education and shall be either December thirty-first, nineteen hundred and ninety-three, or June thirtieth, nineteen hundred and ninety-four for faculty and administrative employees of institutions of higher education; provided further, that the date requested by a faculty or administrative employee under the provisions of this section shall be subject to approval by said employee's appointing authority; provided, further, that such approval shall only relate to the choice of dates by said employee; provided further that said faculty employees who retire on June thirtieth, nineteen hundred and ninety-four shall receive a retirement allowance, beginning on July first, nineteen hundred and ninety-four, as if they retired on December thirty-first, nineteen hundred and ninety-three with said retirement incentive. (c) Any employee who is eligible for the retirement incentive program in accordance with the provisions of subsection (a) of this section may request in his application for retirement that the state retirement board credit him with an additional retirement benefit in accordance with the provisions of this section; provided, that each such employee shall request and receive five years of creditable service or five years of age or a combination of years of creditable service and years of age, the sum of which shall not be greater than five years, for the purposes of determining his superannuation retirement allowance pursuant to the provisions of paragraph (a) of subdivision (2) of section five of chapter thirty-two of the General Laws. Notwithstanding such credit, the total normal yearly amount of the retirement allowance, as determined in accordance with the provisions of said section five of said chapter thirty-two, of any employee who retires and receives the retirement benefit provided by this act shall not exceed four-fifths of the average annual rate of his regular compensation as determined in accordance with said section five of said chapter thirty-two. (d) For any married employee who retires and receives an additional benefit under the retirement incentive program, an election of a retirement option under the provisions of section twelve of chapter thirty-two of the General Laws shall not be valid unless (/) its is accompanied by the signature of the member's spouse indicating the member's spouse's knowledge and understanding of the retirement option selected, or (if) the spouse has received notice of such election. If any member who is married files an election which is not so accompanied the state retirement board shall within fifteen days notify the member's Chap. 110 spouse by registered mail of the option election, and the election shall not take effect until thirty days following the date on which such notification is sent, and such election may be changed by the member at any time within said thirty days, or at any other time permitted under said chapter thirty-two. Nothing in this section shall be deemed to affect the effective date of any retirement allowance, but in the event of any election having been filed which is not so accompanied, the payment of any allowance so elected shall not be commenced earlier than thirty days after the sending by the retirement board of the notice required hereunder. (e) The ancillary costs attributable to any employee of any institution of higher education who retires under the optional retirement plan established by this act, limited to the payment of accrued vacation, unused sick leave or any other severance payment, shall be paid out of the sums appropriated or otherwise made available to institutions of higher education for the fiscal year nineteen hundred and ninety-four; provided, that said institutions shall not receive additional supplemental funds for the payment of any costs attributable to the retirement incentive plan including said ancillary costs. Any employee who so retires under the provisions of this section shall not pay more for health insurance than the percentage contribution charged to any other retiree of said institutions with comparable health insurance coverage; provided, that said institutions shall not receive additional supplemental funds to pay said insurance costs. (f) The state retirement board, established under the provisions of section eighteen of chapter ten, shall provide retirement counseling services to employees who choose to retire under the retirement incentive program. Said counseling shall include, but not be limited, the following provisions; (/) the additional benefit options available under the retirement incentive program; (/'/') the election of a retirement option under the provisions of section twelve of chapter thirty-two of the General Laws; (»/') restrictions on employment after retirement; (;'v) the provision of health care benefits under the provisions of chapter thirty-two A of the General Laws; (v) the payment of cost of living adjustments; and (v/) the effect of federal and state income taxation. Each such employee shall sign a sworn statement that he has received such counseling prior to the approval by the state retirement board of such employees' application for superannuation retirement and additional benefits under said retirement incentive program. (g) The commissioner of public employee retirement administration shall analyze, study, and valuate the costs attributable to the additional benefits payable under the retirement incentive program in accordance with the provisions of this act; provided, that said commissioner shall file the report with the secretary of administration and finance, the joint committee on public service and the house and senate committees on ways and means on or before August thirty-first, nineteen hundred and ninety-three. Chap. 110 (h) The comptroller shall transfer funds from items 7100-0200, 7109-0100, 7110-0100, 7112-0100, 7103-0100, 7114-0100, 7115-0100, 7116-0100, 7117-0100, 7118-0100, 7119-0100, 7502-0100, 7503-0100, 7504-0100, 7505-0100, 7506-0100, 7507-0100, 7508-0100, 7509-0100, 7510-0100, 7511-0100, 7512-0100, 7514-0100, 7515-0100, 7516-0100, 7518-0100, and 7519-0100 of section two of this act pursuant to the provisions of item 1599-9500 of section two C of this act. The comptroller, after consultation with the chancellor of higher education, shall determine the amount available in said reserve account after the transfers and expenditures authorized by this subsection are made which are attributable to retirees who were employees of (i) state universities; (ii) state colleges and (iii) state community colleges. The comptroller shall make available to the higher education coordinating council for expenditure, subject to appropriation, said available amount; provided that said council shall use such funds for expenses associated with the category of institutions of higher education attributable to the retirees who were employed by such category of institution of higher education. The secretary of administration and finance may promulgate rules and regulations to enforce the provisions of this subsection. Said secretary shall file monthly reports with the house and senate committees on ways and means detailing all actions taken pursuant to this section. (i) The chancellor of higher education shall list each position which shall be made vacant by the retirement of an employee under the retirement incentive program and who shall be receiving an additional benefit in accordance with the provisions of this act and shall file such list with the joint committee on public service and the house and senate committees on ways and means on or before August thirty-first, nineteen hundred and ninety-three; provided, that for each such position, such list shall include the line-item of section two or two B of this act in which such position is funded, if any, the classification title of such position, the salary range for such title and the salary payable to the person who so retired from such position. (j) Notwithstanding any general or special law to the contrary, institutions of higher education may refill positions made vacant due to participants in the early retirement program established by this section in accordance with an allocation plan promulgated by the higher education coordinating council in accordance with this subsection. Said plan shall provide that not more than seventy-five percent of such faculty positions may be refilled and that not more than fifty percent of administrative and classified sections may be refilled; provided, however, that such plan shall allocate refill authorizations to the university of Massachusetts, the state colleges and the community colleges in proportion to the number of retirees from said categories of institutions; provided, that no position which was vacant prior to April first, nineteen hundred and ninety-three may be filled without further appropriation for said purpose. Chap. 110 SECTION 327. The commissioner of the department of education shall assess the need for comprehensive child and family services to be delivered in primary and secondary schools of the commonwealth; and based on such need, develop a plan for primary and secondary schools to offer health, mental health and social services to students and their families, in partnership with other public and private child and family-serving agencies. Said plan shall be developed in consultation with the secretary of the executive office of health and human services, the deputy commissioner for medicaid, the commissioner of the department of public health, the commissioner of the department of mental health, the commissioner of the department of youth services, the commissioner of the office for children, the commissioner of the department of social services and the commissioner of the department of mental retardation or their designees. Said plan shall address the health, mental health, social service and other related service needs of the commonwealth's children and their families, and shall identify a mechanism for funding such services. Said plan shall include a review of existing financial resources including the cigarette tax revenues earmarked for school-based health and human services, the medicaid EPSDT program, federal funds, and the blending of any and all public and private resources necessary for children and adolescents to succeed in school and in the community. Said plan shall be submitted to the joint committees on education, health care, human services and elderly affairs, house and senate ways and means and the Legislative Children's Caucus no later than April first, nineteen hundred and ninety-four. SECTION 328. Notwithstanding any special or general law to the contrary, any city or town may install flashing school zone speed limit signs or any street within their control within one thousand feet of a school building; provided, however, that the school zone established under this section shall be on a street not abutting the school property; provided, further, that the school shall involve one or more grades below Grade 9; provided, further, that the school zone contains one or more marked cross walks; provided, further, that the school zone not be longer than six hundred feet if containing one marked crosswalk, or one thousand feet if containing two or more marked crosswalks; and, provided, further, that any traffic control devices used herewith shall be in accordance with the provisions of chapter eighty-five, section two of the General Laws. SECTION 329. The governor shall make the designation required under section one of chapter twenty-three F of the General Laws within seven days after the effective date of this act. SECTION 330. Chapter twenty-three F of the General Laws shall not apply to the request-for-proposals issued prior to the effective date of this act by the executive office of economic affairs to create the Massachusetts technology deployment partnering for the purpose of granting assistance under the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act. Prior to making any application under the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act, the project shall provide a copy of such application for review and com- Chap. 110 ment to the house and senate chairs of the joint committee on commerce and labor. SECTION 331. Notwithstanding the provisions of chapters one hundred forty-nine and one hundred fifty-one of the General Laws, or any other general or special law to the contrary, the following responsibilities and functions of the department of labor and industries, and of the commissioner of said department, together with the necessary powers to perform these responsibilities and functions, are transferred to the attorney general: field inspection, investigation and prosecution to enforce all laws pertaining to wages, hours and working conditions, child labor and workplace safety, and fair competition for bidders on public construction jobs, including enforcement of the provisions of chapters one hundred and forty-nine and one hundred and fifty-one of the General Laws, as well as all regulations promulgated by the commissioner of labor and industries thereunder, with the exception of those laws and regulations pertaining to lead and asbestos hazards which the department of labor and industries is currently charged with enforcing, and with the exception of those workplace hygienic standards which the department's division of occupational hygiene currently enforces. In addition to retaining his responsibilities to administer and enforce said lead and asbestos laws and regulations, and his overseeing of the work of the division of occupational hygiene, the commissioner of labor and industries shall remain responsible for promulgating rules and regulations as required by the laws, and for all licensing, occupational statistics-gathering and apprenticeship training duties he currently performs. The office of the attorney general shall assume all the powers of investigation and enforcement granted by chapters twenty-three, one hundred and forty-nine and one hundred and fifty-one to the commissioner of labor and industries, including the power to enter places of employment for examination and investigation, and to have access to all records pertaining to wages, hours and conditions of employment necessary for its investigations. SECTION 332. Notwithstanding any law to the contrary, the commissioner of labor and industries in consultation with the commissioner of public health shall report to the house and senate ways and means committees on or before October first, nineteen hundred and ninety-three the technologies already approved and available and those expected to be approved and available in the reasonably foreseeable future for making residential dwellings lead-safe, including but not limited to the encapsulation of paint, plaster, or other accessible structural material such as a polymer-based coating which can be painted or sprayed. Notwithstanding any law to the contrary, the commissioner of labor and industries in consultation with the commissioner of public health shall report to the house and senate ways and means committees on or before December first, nineteen hundred and ninety-three his recommendations regarding occupancy or vacancy requirements in a dwelling unit while the deleading process such as removal, covering, or encapsulation is taking place. Said commissioner of labor and industry shall prescribe in his recommendations the requirements for licensure of contractors or nonlicensure of private owners who are authorized to remove, cover or encapsulate in the deleading process and may set in his recommendations the conditions and restrictions governing the revocation and suspension of said licenses and such Chap. 110 work practices required to protect against lead paint hazards created by or encountered in the work of painters and painting contractors. Such recommendations shall prescribe the local approval process before said deleading work begins and local inspection process upon completion of the deleading such as removal, covering, or encapsulation. SECTION 333. The trustees of the Workers Compensation Trust Fund shall perform a financial needs analysis of the Second-Injury Fund to determine future claims and financial exposure for the fond. Said trustees shall file a report of their findings with the clerks of the house of representatives and the senate on or before December thirty-first, nineteen hundred and ninety-three. SECTION 334. A working knowledge of workers' compensation and related laws is hereby added to the formal minimum requirements for appointment to administrative judge and administrative law judge positions at the department of industrial accidents. Candidates for administrative judge positions at the department of industrial accidents shall also be tested to demonstrate that they can produce a memorandum of decision of acceptable quality under time constraints. SECTION 335. No later than ninety days after the effective date of this act, the state house building operation manager shall put into place a system to recycle newspapers or report back to the general court with a plan that will expeditiously establish such a system. SECTION 336. There is hereby established the Eugene H. Rooney, Jr. Public Service Award. Said award shall be given annually to an employee of the commonwealth or one of its political subdivisions who best exemplifies excellence in the field of human resource development and training. The personnel administrator of the commonwealth, in consultation with the civil service commission, shall promulgate rules and regulations governing the selection process used to select the award recipient. The personnel administrator shall file copies of such rules and regulations with the clerks of the house of representatives and the senate on or before December thirty-first, nineteen hundred and ninety-three. SECTION 337. Notwithstanding the provisions of any general or special law to the contrary and in order to promote the public good, the state retirement board is hereby authorized and directed to credit Lucille Deguire with an additional four years and two months of creditable service, for the purpose of determining her superannuation retirement allowance pursuant to the provisions of paragraph (a) of subdivision (2) of section five of chapter thirty-two of the General Laws; provided, however, that before the date any retirement allowance becomes effective, said Lucille Deguire shall pay into the annuity savings fund of the state retirement system in one sum, or in installments, upon such terms and conditions as the board may prescribe, an amount equal to that which would have been withheld as regular deductions from her regular compensation for the period of May first, nineteen hundred and seventy-nine through June thirtieth, nineteen hundred and eighty-three. In addition to the payment of the amount required by the preceding sentence, said Lucille Deguire shall also pay into the annuity savings fund an amount of interest such that upon the completion of such payments the value of her accumulated payments under this paragraph, Chap. 110 together with interest thereon, shall equal the value of her accumulated regular deductions for such period which would have resulted if such deductions had actually been made. SECTION 338. The Statewide Emergency Telecommunication Board in consultation with the Office for Refugees and Immigrants shall conduct a study of the feasibility of making the enhanced 911 service accessible to linguistic minorities. The Board shall issue a report no later than October first, nineteen hundred and ninety-four. SECTION 339. Notwithstanding the provisions of any general or special law to the contrary, the register of deeds of Hampden county is hereby authorized to establish a pilot program in said county to be funded by a user's fee. Said pilot program shall consist of a plan established by the register to levy and collect a user fee of twenty-five dollars to be assessed and paid for and in respect of the deeds, instruments and writings recorded or to be recorded in said county, which shall be in addition to the excise on said deeds, instruments and writings set forth in section one of chapter sixty-four D and section thirty-eight of chapter two hundred sixty-two, and the provisions of section eleven of said chapter sixty-four D shall not apply and shall not be considered a part of the Fund established by said section eleven. Said register shall use the funds assessed and collected in accordance with the plan set forth in the previous paragraph for any and all purposes necessary to operate and maintain the Hampden county registry of deeds in a proper and efficient manner. Said register shall prepare a budget and a proposed spending plan which shall be submitted to the house and senate committees on ways and means for their approval. In the event that said funds are not used in accordance with said approved spending plan they shall revert to the General Fund. Said program shall expire on June thirtieth, nineteen hundred and ninety-six. SECTION 340. Notwithstanding the provisions of any general or special law to the contrary, the Martha's Vineyard Commission may, by majority vote of its members, incur a one time debt not to exceed the sum of four hundred thousand dollars for the purpose of rehabilitating and bringing into compliance with all local and state and federal codes, a series of three buildings which formally were used to house the Cooperative Extension Service in Dukes County, which said Dukes County Commissioners are authorized to deed to said Martha's Vineyard Commission for the purposes of providing office and meeting room facilities for said Commission and further the Dukes County Commissioners are authorized to lease said land upon which the structures in question now sit to said Martha's Vineyard Commission. SECTION 341. Notwithstanding the provisions of section fifty-three of chapter forty-four of the General Laws, or any other general or special law to the contrary, the town of Bolton may establish in the town treasury a revolving fund which shall be kept separate and apart from all other monies by the treasurer of said town, and in which shall be deposited all monies received by the treasurer of said town from fines for the violation of statutes and by by-laws related to the operation and control of motor vehicles including parking fines. The principal and interest thereon shall be expended without further appropriation, at the Chap. 110 direction of the chief of police, with the prior written approval of the board of selectmen, for the payment of wages, and vehicle and other associated expenses of a two person highway safety unit. Any unexpended monies shall revert to the general fund of said town as ordered by the selectmen one year after passage of this bill; provided that provisions of this section shall not become effective until the town of Bolton has accepted the provisions of this section". SECTION 342. Notwithstanding the provisions of chapter 59 of the General Laws, the town of Monterey may adopt a bylaw providing a real estate tax exemption to persons serving as members of the Volunteer Fire Department pursuant to this section. Said bylaw shall provide that not later than ninety days prior to the beginning of the fiscal year, the Chief of the Fire Department shall certify to the Board of Assessors the names of each individual and the real estate for which an exemption is sought, provided that (a) said real estate shall be occupied and owned by said individual as his or her domicile, or occupied as his or her domicile but owned by a member of the immediate family; (b) no individual shall be certified if said individual has not been a member in good standing of the fire department for at least twelve months prior to such certification; (c) not more than twenty-four individuals shall be certified for any fiscal year, exclusive of any exemption granted to a retired member under the provisions of this section; and (d) no such exemption shall exceed the sum of one thousand five hundred dollars in any one fiscal year; provided, however, that said bylaw may provide for an annual increase of such amount based on an index approved by the commissioner of revenue. Said bylaw shall also provide that any retired member of the town's volunteer Fire Department shall be eligible for at least seventy percent of such allowable exemption, or such other greater amount, as determined by bylaw; provided, however, that such individual has reached his or her sixtieth birthday prior to the fiscal year for which an exemption is being sought, and has served as a member of the Fire Department for not less than fifteen years immediately preceding his or her sixtieth birthday. Any individual receiving an exemption under the provisions of this act shall continue to receive such exemption regardless of any permanent disability which bars him from participation in the volunteer Fire Department. SECTION 343. Notwithstanding the provisions of any general or special law to the contrary, the city of Brockton is hereby authorized to lay out and accept as public ways any of the ways listed in the manner set forth herein: (1.) The planning board for the city of Brockton shall hold a public hearing on the issue of the laying out and acceptance as public ways of the ways listed in a document by October first, nineteen hundred and ninety-three on file with the city clerk, at which time interested persons shall be given an opportunity to be heard. Within twenty-one days after said hearing, the planning board shall submit a communication to the city council with its recommendations as to which ways said document should be laid out and accepted as public ways by the city of Brockton. Chap. 110 (2.) The city clerk shall prepare an order laying out and accepting as public ways those ways recommended by the planning board. This order shall be introduced at the city council meeting at which the communication from the planning board is received. (3.) The order shall be referred to a standing committee of the city council, or a special committee appointed and designated by the president of the council for the sole purpose of considering the issue of the laying out and acceptance as public ways of those ways contained in the order. If the president of the city council appoints and designates such a committee, the president shall designate a chairman. (4.) The chairman of the standing committee or special committee to which the order has been referred shall, within forty-five days of the referral of the order, schedule a public hearing on the order. (5.) At least fourteen days prior to the scheduled public hearing, the board of assessors shall cause written notice of the intention of the city to lay out and accept as a public way and of the intention to hold a public hearing thereon to be sent to the owners of land abutting or being a part of such ways identified in the order. In addition, the city cleric shall cause notice of the city's intention to lay out and accept as public ways those ways identified in the order to be published in the newspaper of general circulation in the city once in each of two successive weeks, the first publication to be not less than fourteen days before the day of the hearing. In addition, the city clerk shall cause to be posted such notice in a conspicuous place in the city hall for a period of not less than fourteen days before the day of such hearing. (6.) The standing committee or special committee shall report to the full council within fourteen days of the public hearing. Such report shall contain recommendations as to which ways identified in the order should be accepted and which ways identified in the order should not be accepted. (7.) The city council may then amend, adopt, or reject the order. (8.) Upon adoption of such order, the order shall be subject to the approval or veto by the mayor as provided in section 55 of the city charter. If the mayor approves the order, or if the city council, notwithstanding the mayor's disapproval shall again pass such order by a two-thirds vote, the ways contained in the final order shall be considered laid out and shall be considered public ways. SECTION 344. The department of environmental management is hereby authorized and directed to complete the rehabilitation of Fort Meadow Dam in the city of Marlborough and the town of Hudson not later than June thirtieth, nineteen hundred and ninety-four, pursuant to the provisions of section two of chapter five hundred seventy-eight of the acts of nineteen hundred and eighty. SECTION 345. Notwithstanding any general or special law or rule or regulation to the contrary, the commissioner of revenue shall determine the fair cash value of the land owned by the commonwealth in the town of New Braintree and used for purposes of a state police academy, and reimbursement for loss of taxes on said land shall be made to the town Chap. 110 of New Braintree in accordance with section thirteen of chapter fifty-eight of the General Laws, as if said land were one of the commonwealth lands listed in said section thirteen of said chapter fifty-eight of the General Laws. SECTION 346. The division of capital planning and operations is hereby authorized and directed to sell water at a fair market price to the town of New Braintree for the purpose of providing drinking water and fire protection to the recently approved elementary school to be constructed in the town of New Braintree. The town of New Braintree shall absolve the commonwealth of any and all liability in this regard and will fund any and all construction costs, metering and associated costs of this proposal. The town of New Braintree shall be allowed a maximum often thousand gallons of water per day during the school year. The water shall be provided from the department of public safety state police training facility water supply located on West Brookfield Road in said town of New Braintree. SECTION 347. Notwithstanding the provisions of any general or special law or regulation to the contrary, any order of conditions issued pursuant to the provisions of section forty of chapter one hundred and thirty-one of the General Laws or any local ordinance or bylaw by the conservation commission of the town of Plymouth or the town of Duxbury, that permits activities for the protection of the environment of the barrier beach known as Duxbury Beach within the said towns of Plymouth and Duxbury being that beach fronting the Atlantic Ocean running from Gurnet road in the town of Duxbury to the Gurnet/Saquish landfall in the town of Plymouth, and particularly for the protection against or prevention of beach, dune, or coastal erosion, including without limitation planting, construction of snow fencing or post and cable fencing, construction, reconstruction, and repair of any sacrificial or barrier dune or portions thereof, and maintenance and reconstruction of existing structures, including without limitation fencing, plantings, boardwalks, parking areas, and roadways; or for the construction and maintenance of a roadway for off-road vehicles to provide access to and egress from Gurnet and Saquish; or related to active or passive recreation on Duxbury Beach, including without limitation bathing, picnicking, hiking, swimming, hunting in season, fishing, and the operation of off-road vehicles; or for the protection of threatened or endangered wildlife species on Duxbury Beach, shall not be stayed during the pendency of a judicial or administrative appeal. The activities permitted by any such order of conditions shall be allowed to continue during said appeal, but only if said activities conform to the conditions set forth in the order of conditions and any superseding order of conditions issued pursuant to section forty of chapter one hundred and thirty-one of the General Laws. The provisions of this section shall cease to apply to any activities described herein with respect to which all administrative appeal periods have elapsed, and all administrative proceedings have been completed and a final order of conditions or final superseding order of conditions has issued. Nothing contained herein shall be construed as a stay of any final Chap. 110 decision of any administrative body not subject to further administrative appeal, or of any judicial body. SECTION 348. Notwithstanding the limitations imposed by the first paragraph of section nineteen of chapter forty-four of the General Laws, or by any other applicable provision of law with respect to annual payments of bonds or notes, any maturities of each issue of bonds or notes issued for the Water Treatment Plant authorized by a vote of the town of Winchester on June third, nineteen hundred and ninety-three may be arranged so that for each issue the amounts payable in the several years for principal and interests combined shall be as nearly equal as practicable in the opinion of the officers authorized to issue such bonds or notes. SECTION 349. Notwithstanding the limitations imposed by the first paragraph of section nineteen of chapter forty-four of the General Laws or by any other applicable provision of law with respect to annual payments of bonds or notes, any maturities of each issue of bonds or notes issued for the Library Renovation Project of the town of Winchester for which monies for the design were appropriated on May twenty-seventh, nineteen hundred and ninety-three, may be arranged so that for each issue the amounts payable in the several years for principal and interest combined shall be as nearly equal as practicable in the opinion of the officers authorized to issue such bonds or notes. SECTION 350. Notwithstanding the provisions of section five of chapter three of the General Laws, or any other general or special law to the contrary, the Alliance of Cambridge Settlement Houses, Inc., is hereby revived for the sole purpose of reconveying and retransferring to the East End House, Inc., all of its real property. The director of the Cambridge Redevelopment Authority shall be appointed to act as a receiver for and on behalf of said Alliance. The dissolution of said Alliance shall not become effective unless and until the receiver, acting for and on behalf of said Alliance, shall have reconveyed and retransferred to the East End House, Inc. all of its real property and shall be completed and effective upon the filing with the secretary of the commonwealth and the recording in the office of the register of deeds for Middlesex county, within one year of the passage of this act, of a certificate signed by the receiver that the conditions of this section have been satisfied. Whatever right or authority is granted or conferred by this section are declared to be limited to such authority or right as the general court may constitutionally grant or confer, without prejudice to any proceeding that may be instituted in any court of competent jurisdiction to effect the purposes of this section. If the application of any provision of this section to any property or funds held by any of said corporations shall be held invalid, the application of such provision to property and funds other than those as to which it is held invalid shall not be affected thereby. SECTION 351. The division of capital planning and operations shall conduct a study and prepare a plan for the renovation of the courthouse of the Charlestown division of the district court department, shall estimate the cost of the renovation, and shall report the Chap. 110 results to the chief justice for administration and management of the trial court by November first, nineteen hundred and ninety-three. Said study shall include, to the maximum extent possible, consideration of any available federal funds, funds that might be available from local, federal or private sources due to the historic significance of the court and its location, and revenues that might result from a use or uses of the site in addition to a court. In conducting said study and preparing said plan, the division of capital planning and operations shall consult with federal, state, and local historic preservation and tourism officials, and with representatives of the Charlestown community, shall receive assistance and support from other agencies and departments of state government, and may consult with any other governmental or nongovernmental agency. SECTION 352. The metropolitan district commission shall conduct a study and propose plans, if necessary, for general restoration, rehabilitation and construction by said commission and any improvements related thereto, including, but not limited to, materials, furnishings and equipment at the Saxton J. Foss Park, George Dilboy Field, and Hormel Stadium. SECTION 353. The sheriff of Essex county and the district attorney of Essex county are hereby authorized and directed to develop a plan for a pilot program in Essex county for the use of video transmission for the purposes of providing incarcerated prisoners and others access to the courts through remote appearances. Said plan shall include a complete cost-benefit analysis of its implementation. Said plan shall be filed with the clerks of the senate and house of representatives no later than September thirtieth, nineteen hundred and ninety-three. SECTION 354. Notwithstanding the provisions of any general or special law to the contrary, the secretary for administration and finance is hereby authorized and directed to conduct a study relative to the feasibility and fiscal advantages or disadvantages of establishing and developing a photo identification card system for recipients of benefits under any program administered by the department of public welfare and the division of medical assistance. Said study shall include, but not be limited to, an analysis of the effect said system would have on the incidence of fraud within said programs particularly when compared with photo identification systems in place in other states or cities, the comparative costs of establishing and maintaining within said department or by contracting out the establishment and maintenance of said system to private vendors or other state agencies, waivers that may be necessary under federal laws and regulations and an analysis of which recipients, such as children in receipt of aid to families with dependent children, who might be required to participate in said photo identification system. The secretary shall submit said report to the house and senate committees on ways and means no later than January thirty-first, nineteen hundred and ninety-four. SECTION 355. The secretary of administration and finance is hereby directed, in coordination with the director of the Springfield civic center, to study the funding level required to provide high quality convention and entertainment space at said center. A report of the findings of said study, along with drafts of recommended legislation, if any, shall be Chap. 110 submitted to the house and senate committees on ways and means no later than December thirty-first, nineteen hundred and ninety-three. SECTION 356. The joint committee on public safety is hereby authorized and directed to conduct a study and draft legislation as to how best implement the security of the state house and the state office buildings and the property and personnel therein. Said study shall be completed and reported to the clerk of the house of representatives on or before December thirty-first, nineteen hundred and ninety-three. SECTION 357. The executive office for administration and finance, in coordination with the department of mental retardation is hereby authorized and directed to conduct a study of the feasibility of implementing cost sharing programs within the department of mental retardation. Said study shall include, but not be limited to, a survey of existing cost sharing programs including cash subsidies, vouchers for services, and residential and vocational cost sharing programs, as well as projected revenues from the implementation of a sliding scale fee. Said study shall also include estimates of costs and recommendations for expanding or implementing cost sharing and sliding scale fee programs. The findings of said study shall be submitted to the house and senate committees on ways and means on or before December thirty-first, nineteen hundred and ninety-three. SECTION 358. Notwithstanding any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to conduct a study of the police career incentive pay program or Quinn bill, so called, pursuant to section one hundred and eight L of chapter forty-one of the General Laws. Said study shall include but not be limited to the cost of said program to the commonwealth, the cost of said program to the various municipalities that have accepted the provisions of said program and a comparative analysis of the available incentive pay program salary differentials. SECTION 359. The executive office of health and human services shall investigate and study the geographic distribution throughout the commonwealth of the resources and facilities of the departments of mental health and mental retardation. Said executive office shall report its findings in writing to the house and senate committees on ways and means and the joint committee on human services and elder affairs not later than March first, nineteen hundred and ninety-four. SECTION 360. Notwithstanding the provisions of any general or special law to the contrary, the treasurer, in consultation with the state board of retirement and the teachers' retirement board, is hereby authorized and directed to cause an independent study to be conducted of the computer systems in use within the office of the state treasurer for the administration of the state employees' retirement system and the teachers' retirement system and for the management of the assets of said retirement systems. Said study shall be conducted by a consultant selected by the treasurer, subject to the approval of the state board of retirement and the teachers' retirement board, and shall include, but not be limited to, an assessment of the relative benefit, including cost and efficiency, of continuing to maintain one computer system for both the state board of retirement and the teachers' retirement board Chap. 110 or the procurement of an independent system for each retirement board. Expenditures for said study shall be limited to forty thousand dollars which shall be paid in equal amounts from the investment income accounts of said retirement systems. The treasurer shall file a copy of said study with the senate and house committees on ways and means and with the joint committee on public service. In the event that said study recommends maintenance or upgrade of said computer systems, the purchase of a new system, or the purchase of separate systems, the state board of retirement and the teachers' retirement board shall, in consultation with the treasurer, each adopt a budget for the implementation of said recommendations. Said budgets shall be filed with the senate and house committees on ways and means upon adoption. Said budgets shall be paid from the investment income account of the respective retirement system without further appropriation. SECTION 361. The department of public welfare is authorized and to directed to conduct a study of the feasibility and cost effectiveness of awarding financial assistance in the form of rent payments to eligible welfare recipients directly to the recipient's landlord by check or electronic funds transfer, which shall be tendered within the first ten days of each month. Said department shall report the results of its study to the house and senate committees on ways and means on or before December thirty-first, nineteen hundred and ninety three. SECTION 362. The department of public welfare is hereby authorized and directed to study the feasibility of developing a clothing allowance voucher system. Said study shall include, but not be limited to, the pursuit of federal waivers that may be necessary to establish such system and a determination of businesses that would accept such clothing vouchers. A report detailing the findings and recommendations of said study shall be filed with the house and senate committees on ways and means, on or before January fifteenth, nineteen hundred and ninety-four. SECTION 363. The department of mental health is hereby authorized and directed to conduct a study of services for homeless mentally ill persons in the commonwealth. Said report shall include: (1) an estimate of the number of homeless mentally ill individuals in each catchment area of the department and recommendations for providing services to such individuals; (2) recommendations for state funding; (3) evaluations of capital pooling resources; (4) assessment of the role of rental vouchers; and (5) the potential of the department of obtain federal grants. Said department shall report the results of said study by filing the same with the clerks of the senate and house of representatives and the house and senate committees on ways and means on or before the first Wednesday in December, nineteen hundred and ninety-three. SECTION 364. The secretary of elder affairs is hereby directed to conduct a study relative to the distribution of all funds including Title III and other federal funds by the executive office of elder affairs. Said secretary shall report the results of said study and his recommendations, if any, together with drafts of legislation to carry its recommendations into effect by filing the same with the clerk of the house of representatives on or before the first Wednesday in December, nineteen hundred and ninety-three. Chap. 110 SECTION 365. The secretary of health and human services, in consultation with the commissioner of the department of medical security, the commissioner of insurance and the secretary of elder affairs, is hereby authorized and directed to prepare a study and plan for implementing a prescription drug expense assistance program pursuant to this section. Said plan shall provide that persons age sixty-five or older or disabled receiving medicare benefits whose income is not higher than two hundred and fifty percent of the federal poverty level and who are not eligible for medical assistance pursuant to chapter one hundred and eighteen E of the General Laws shall be eligible for said program. Benefits provided under said program shall, to the extent feasible, be calculated on a sliding scale so that the amount of assistance decreases for persons with higher incomes. Said plan may provide for other eligibility standards and application and verification procedures. Said plan shall specify a schedule of benefits, copayments, covered drugs, covered diagnoses and other requirements. Said benefits may be coordinated with or subsidize insurance coverage for prescription drug costs. Said plan may include incentives or requirements to increase the cost effectiveness of the program. Said plan may include the negotiation of rebates or other contractual arrangements with drug manufacturers, drug vendors or others in connection with said program. Said plan may require a utilization review program to restrict inappropriate or excessive usage. Said plan may include cooperation with the group insurance commission or the medical assistance program in establishing and administering the program. No later than October fifteenth, nineteen hundred and ninety-three, said secretary shall file with the joint committee on insurance and with the house and senate committees on way and means said study and plan pursuant to this section. Said study shall provide the recommendations of the secretary, a detailed explanation of the estimated costs of implementing the plan recommended, a breakdown of the persons to be served and the costs incurred in serving such persons, and such other information as the secretary may include. Said study and plan may list various options or alternative programs and the estimated costs of implementing such options or alternatives. Said study may also consider requiring all insurers who offer non-group medicare supplemental insurance to limit reimbursement for prescription drugs to those drugs contained in a formulary authorized by the law. SECTION 366. The group insurance commission is hereby authorized and directed to review the feasibility and fiscal soundness for the commonwealth of entering into an administrative services or similar contract with health maintenance organizations, preferred provider organizations, independent practice associations, and other health care organizations. The intent is to achieve savings on premiums paid to said organizations by having the commonwealth self insure and pay said organizations an administrative fee only. The results of said review shall be reported by the commission to the clerks of the house and senate and the house and senate committees on ways and means on or before December thirty-first, nineteen hundred and ninety-three. Chap. 110 SECTION 367. The department of youth services is hereby directed to develop a plan, in compliance with the requirements of the federal Adoption Assistance and Child Welfare Act of 1980, for the provision of foster care maintenance payments, and to submit said plan for the approval of the Secretary of Health and Human Services of the United States. SECTION 368. The commissioner of the department of youth services is hereby authorized and directed to promulgate rules and regulations as necessary to comply with the provisions of the Adoption Assistance and Child Welfare Act of 1980, after August first, nineteen hundred and ninety-three and not later than November first, nineteen hundred and ninety-three. SECTION 369. The commissioner of insurance is hereby authorized and directed to conduct a study of discrimination by non-profit hospital and medical service corporations in contracting with hospitals of the commonwealth. Said report shall be filed with the house and senate committees on ways and means on or before December thirty-first, nineteen hundred and ninety-three. SECTION 370. The commissioner of insurance is hereby authorized and directed to implement a study on the feasibility of a program of training for local police departments to investigate automobile accidents and the possibility of assessing those companies which offer automobile insurance in the commonwealth for the costs of such program. Said commissioner shall report the results of such study by filing the same with the clerks of the senate and house of representatives not later than April fifteenth, nineteen hundred and ninety-four. SECTION 371. (a) The division of capital planning and operations, with the advice of the task force defined in subsection (g), is hereby directed to develop a master plan for the Boston state hospital site as a guide to the redevelopment of said site. The commissioner may consider the development guidelines adopted by the citizens advisory committee in May nineteen hundred and ninety-three in the formulation of the master plan. Said master plan shall include the following: (1) A description and site plans of the property, a narrative and graphic presentation of the characteristics of the existing conditions of the site, boundaries of legally protected wetlands, and boundaries of open space for recreational as well as buffer zones between the abutting neighborhoods and the redevelopment of the Boston state hospital site; (2) A determination of the structural soundness of buildings on the site, and recommendations for demolition or securing unsound or unsafe buildings, as appropriate; (3) A management and maintenance plan that will provide for care of grounds, open space, buffer areas or other land areas critical to the operation and appearance of land uses on the redevelopment site; (4) Consideration of areawide traffic impact on neighborhoods abutting the site; provided, that the primary purpose of planning and related traffic changes shall be the improvement of pedestrian safety and automobile access to the site; Chap. 110 (5) Evaluation by the Massachusetts Bay Transportation Authority of the transit needs of the Mattapan, Dorchester, Roxbury and Jamaica Plain neighborhoods created by future redevelopment uses; (6) Identification of all environmentally sensitive areas and agriculturally significant soils and, where appropriate, a description of mechanisms to protect conservation restrictions, easements, covenants, and to provide protection and community access; provided, that early attention to state environmental review requirements shall be part of the planning and land disposition process; (7) A determination of appropriate parcelization, land use, community benefits, and development guidelines to maximize the economic potential of the site, job creation opportunities and the option of parcelization for future use or development of a portion of the site by the department of mental health; (8) A complete feasibility analysis that compares the costs and benefits of alternative land uses and their community benefits, including, but not limited to, office space, light manufacturing, housing, mental health facilities, public and private educational facilities public health, hospital or research facilities, open space, agricultural, recreational, and related uses, and takes into consideration the continuing operation of the programs of agencies of the commonwealth on contiguous parcels and specifications of public-private finance options; provided, that said feasibility analysis shall include a comparison of the costs and benefits of diversification of land uses on the Boston state hospital site and shall, to the extent feasible, minimize any reliance on or use of public financing. (9) Job creation and job training goals, including job number and wage level targets for the employment of residents of Boston state hospital area neighborhoods. Upon completion and adoption of the master plan, the commissioner shall submit a copy of said master plan to the joint legislative committee on housing and urban development, the joint legislative committee on state administration, the house and senate committees on ways and means and the inspector general. Said master plan shall be completed no later than October first, nineteen hundred and ninety-three. (b) The task force defined in subsection (J), through the division of capital planning and operations, may advise any developer in seeking grants and other financial aid where such advice contributes to achieving the intent of the redevelopment guidelines. (c) The division of capital planning and operations is hereby authorized to expend a sum not to exceed five hundred thousand dollars for the purpose of preparing said master plan, requests for proposals, and land disposition agreements, including, but not limited to, hiring, planning, engineering, real estate, marketing, and legal consultants, conducting surveys, studies, appraisals, and preparing an environmental impact report, if required, to determine the costs, benefits, and guidelines for the development of the parcels and for preparing public information and providing for public participation in the development process. The division may enter into memorandums of agreement with municipal or regional governments or authorities prepare said master plan. Chap. 110 (d) There is hereby established a Boston state hospital interagency task force, which shall consist of the secretary of economic affairs, the secretary of transportation and construction, the secretary of environmental affairs, the secretary of health and human services and the secretary of administration and finance, or their designees. Said task force shall be charged with advising the division of capital planning and operations in the development of the master plan for the Boston state hospital site, as required by this section. SECTION 372. There shall be a special commission on historic preservation to study the preservation and revitalization of the commonwealth's historic and cultural heritage. The commission shall be comprised of seventeen members, who shall serve without compensation. The commission shall consist of the secretary of environmental affairs or his designee; the secretary of economic affairs or his designee; the secretary of communities and development or his designee; the secretary of transportation or his designee; the secretary of the commonwealth or his designee; the state historic preservation officer or his designee; a chairman of the joint committee on natural resources and agriculture of the general court, selected by said committee; a chairman of the joint committee on commerce and labor of the general court, selected by said committee; five public members from the historic preservation community to be chosen by the governor; and four members of the general court, two from the senate to be chosen by its president, and two from the house of representatives to be selected by its speaker. The chairman of the joint committee on natural resources and agriculture shall act as chair of the commission. The commission shall review and make recommendations to the governor and the general court regarding the appropriate scope of, and the mechanisms for the involvement of, the various agencies currently involved in historic preservation and revitalization of the historic and cultural resources of the commonwealth. The commission shall report to the general court the results of its investigation and study, and its recommendations, if any, by filing its report with the clerks of the house of representatives and of the senate not later than December thirty-first, nineteen hundred and ninety-three. SECTION 373. There is hereby established a special commission to consist of five members of the house of representatives, five members of the senate, the inspector general, the state auditor, and the secretary of environmental affairs for the purpose of making an investigation and study relative to the implementation of chapter thirty-six of the acts of nineteen hundred and ninety-two. Said commission shall hold a series of at least three public hearings in communities other than in the Wachusett Watershed. The commission shall issue a report by June thirtieth, nineteen hundred and ninety-four. Said report shall contain legislation to be proposed amending or repealing said statutes, if said commission shall find such repeal or modification reasonable and appropriate. SECTION 374. A special commission is hereby established for the purpose of making an investigation and study relative to improving procedures governing the summary Chap. 110 process. Such investigation and study shall include a complete analysis of the following: whether a more definite method should be prescribed for giving notice of the eviction process; the time frame in which property owners may be permitted to initiate summary process actions; whether housing courts or courts of appropriate jurisdiction should allow a discretionary basis or require tenants offering a counterclaim or defense to an eviction complaint as a condition thereof to deposit into the court any rent being withheld from the landlord; whether an aggrieved tenant should be entitled to withhold rent on account thereof prior to such time as the board of health or other appropriate agency has certified that such condition constitutes a violation of state sanitary code or the landlord has had a reasonable opportunity to correct such condition after receiving notice thereof; whether the quiet enjoyment of tenants in multi-unit buildings has been impaired by the cumbersome nature of the summary process procedure, as well as, discouraged the construction of additional rental housing, particularly for those of low to moderate income. Said commission shall consist of three members of the senate, one of whom shall serve as cochairman, three members of the house of representatives, one of whom shall serve as cochairman, one person designated by each of the following: the Greater Boston Real Estate Board, the Rental Housing Association, the Massachusetts Housing Finance Agency, the Massachusetts Association of Realtors, the Massachusetts Bar Association, the Massachusetts Law Reform Institute and the Executive Office of Communities and Development; and three persons designated by each of the following: the Massachusetts Tenants Organization and the Massachusetts Affordable Housing Coalition. Said commission shall appoint an Executive Director and shall expend such sums as may be appropriated therefor to compensate said Executive Director, and for other purposes consistent herewith, up to a limit of thirty-five thousand dollars, provided however, that all such expenditures shall be borne by voluntary contributions from persons engaged in the Rental Housing Industry. Said commission shall report to the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation to carry its recommendations into effect, by filing the same with the clerk of the house of representatives on or before March thirty-first, nineteen hundred and ninety-four. SECTION 375. A special commission to consist of one member of the senate, one member of the house of representatives, and seven persons to be appointed by the governor, one of whom shall be an owner of a state or federally subsidized housing development, one of whom shall represent the Massachusetts Municipal Association, one of whom shall represent the Massachusetts Water Resources Authority, one of whom shall represent the executive office of communities and development, one of whom shall represent the Massachusetts Tenants Organization, one of whom shall be a commercial property owner, and one of whom shall represent a local water and sewer rate setting authority is hereby established for the purpose of making an investigation and study relative to billing of state and federally subsidized housing units for water and sewer charges. Said study shall include, but not be limited to, the adverse financial impact of billing state and federally subsidized Chap. 110 developments at a commercial water and sewer rate and the potential benefits of mandating that said developments be billed at residential rate. Said commission shall file a report of the findings of the commission no later than October fifteenth, nineteen hundred and ninety-three, together with proposed legislation. SECTION 376. The secretary of the executive office of communities and development shall convene and chair a task force for the purpose of developing a plan to meet the housing needs of families with HIV infected and affected children. Said task force shall assess through focus groups and other means the unmet housing needs of families with children infected and affected by AIDS; and said task force shall develop a plan, based on that need, to meet their housing needs. Said plan shall include a mechanism for funding and enforcement of laws prohibiting housing discrimination. The task force shall be comprised of the following members: two members of the senate chosen by the president of the senate; three members of the house chosen by the speaker of the house; the secretary of the executive office of communities and development, the secretary of health and human services, the commissioner of public health, the commissioner of mental health, the commissioner of the department of social services, the commissioner of the Massachusetts commission against discrimination, the director of medicaid, a representative of the federal department of housing and urban development, a local public health official, a representative of a local housing authority, a provider of pediatric HTV specialty care, a provider of primary care to families with HTV, a representative of the visiting nurses association, an architect with experience in accessible housing, and four parents of HIV infected children. Said task force shall submit its policy and program recommendations to the house committee on ways and means, the senate committee on ways and means, the joint committee on health care, and the legislative children's caucus by April fifteenth, nineteen hundred and ninety-four. SECTION 377. A special commission, to consist of three members of the senate, one of whom shall be a member of the minority party, three members of the house of representatives, one of whom shall be a member of the minority party, the secretary of the executive office of health and human services or his designee, the commissioner of the department of public health or his designee, the commissioner of the department of social services or his designee, the commissioner of the department of mental health or his designee, the commissioner of the division of insurance or his designee, the commissioner of the office for children or his designee, the commissioner of the division of medicaid or his designee, and ten persons to be appointed by the governor, one of whom shall represent the Massachusetts Healthy Families Coalition, one of whom shall represent the Children's Trust Fund, one of whom shall represent the Massachusetts Committee for Children and Youth, one of whom shall represent the Massachusetts Society for the Prevention of Cruelty to Children, one of whom shall represent the Massachusetts Chapter of the American Academy of Pediatrics, one of whom shall represent the Association of Massachusetts Parent Chap. 110 Aid Programs, one of whom shall represent the Massachusetts Hospital Association, one of whom shall represent the Massachusetts Nurses Association, one of whom shall represent the Massachusetts Maternal Child Coordinators Network, and one whom shall represent the Massachusetts League of Neighborhood Health Centers, is hereby established for the purpose of developing a plan to implement a statewide voluntary neonatal home visiting program. Said commission shall report to the general court the results of its investigation and study and recommendations, including drafts of legislation, if any, by filing the same with the clerk of the house of representatives on or before December thirty-first, nineteen hundred and ninety-three. SECTION 378. There shall be a commission established to consist of fifteen members; five of whom shall be members of the house of representatives appointed by the speaker of the house; three of whom shall be members of the senate appointed by the president of the senate, and seven of whom shall be appointed by the governor: one of whom shall be a representative of the Massachusetts Medical Society; one of whom shall be a representative of the Massachusetts Society of Psychiatric Hospitals; one of whom shall be a representative of the Massachusetts Hospital Association; one of whom shall be a representative of Blue Cross/Blue Shield of Massachusetts; one of whom shall be a representative of the Massachusetts Association of HMOs; one of whom shall be a representative of the commercial insurance industry to be designated by the Life Insurance Association of Massachusetts in conjunction with the Health Insurance Association of America; one of whom shall be the secretary of the executive office Health and Human Services, or his designee. Said commission shall study utilization review and its effectiveness and shall make a report to the legislature no later than June thirtieth, nineteen hundred and ninety-four. SECTION 379. The governor shall appoint an eleven member commission for the purpose of making recommendations to the general court regarding third party reimbursement by health insurers to mental health professionals and making inpatient and outpatient treatment of biologically based mental illness equivalent to the treatment of other physical illnesses and diseases. One appointee of the governor shall be a member of the alliance of the mentally ill and one appointee by the governor shall be a member of the board of allied mental health and human services professionals. Said commission shall evaluate the cost effectiveness and quality of care of all mental health professionals and make recommendations in the form of legislation to the general court as to which mental health professional should receive statutory third party reimbursement. Said commission shall also evaluate the potential ramifications of inpatient and outpatient treatment of biologically based mental illness equivalent to the treatment of other physical illnesses and diseases. The commission shall file its recommendations together with any recommendations of legislation with the clerk of the house of representatives on or before October first, nineteen hundred and ninety-three. Chap. 110 SECTION 380. The higher education coordinating council is hereby authorized and directed to assemble a task force for the purpose of conducting a study relative to the development and implementation of statutory language to establish a fair share funding formula for the allocation of state support for public institutions of higher education. Said study shall determine, for each institution of higher education, the ratio of the full educational cost per student to be borne by the state and the ratio to be borne by the student. Said study shall also investigate the advisability and feasibility of funding the public system of higher education on a two-year budget cycle. In addition, said task force shall report on the effectiveness of implementing formula funding for public higher education. Said task force shall be comprised of fifteen members and shall include the secretary of administration and finance or his designee, two members of the house of representatives who shall be appointed by the Speaker of the house of representatives, one representative who shall be appointed by the house minority leader, two members of the senate who shall be appointed by the senate president, one member of the senate who shall be appointed by the senate minority leader, three members who shall be appointed by the Massachusetts public higher education executive council of presidents and chancellors, and five members who shall be appointed by the higher education coordinating council, provided, however, that at least two shall be full-time students currently enrolled in a degree program at an institution of public higher education in the commonwealth. Said task force shall submit a report on its findings and a plan to implement said findings to the higher education coordinating council no later that May first, nineteen hundred and ninety-four. SECTION 381. A special commission to consist of two members of the senate, three members of the house of representatives and six persons to be appointed by the governor, three of whom shall be representatives of the business community, two of whom shall be employees of the department of environmental protection, and one of whom shall be a representative of the National Fire Prevention Association, is hereby established for the purpose of making an investigation and study including, but not limited to, the existence of any health hazards from lawn and fire sprinkler systems and the feasibility and cost effectiveness of requiring backflow protection for such systems. The commission may obtain from qualified sources at no cost to the commission, any available technical assistance and support to assist in the evaluation and analysis of statistical data bearing on the degree of hazard these sprinkler application pose to the public water supply, and to develop cost benefit criteria by which the need for backflow prevention can be established for each application. Said commission shall report to the general court the results of its investigations and study and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect by filing the same with the clerk of the senate on or before the first Wednesday in January, nineteen hundred and ninety-four. SECTION 382. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a special commission consisting of two members of the Chap. 110 senate, five members of the house of representatives, the secretary of public safety or his designee, the chairman of Massachusetts fire training council or his designee, the director of the Massachusetts firefighting academy or his designee, the president of the Fire Chiefs Association of Massachusetts or his designee, and the president of the Professional Firefighters of Massachusetts or his designee for the purpose of conducting a study of the feasibility of establishing a system of requiring the completion of a course of study approved by the Massachusetts fire training council for all persons appointed to the position of full-time firefighter in the cities, towns and fire districts of the commonwealth. The commission shall report the results of its study and its recommendations, if any, together with drafts of legislation necessary to carry out its recommendations by filing the same with the clerks of the house of representatives and the senate on or before December thirty-first, nineteen hundred and ninety-three. The members of the commission shall serve without compensation. SECTION 383. There is hereby established a special task force, to consist of six members of the house of representatives, one of whom shall be the house chairman of the joint committee on commerce and labor, one of whom shall be the house chairman of the joint committee on public service, both of whom shall serve as co-chairmen, and the other four of whom shall be appointed by the speaker of the house of representatives, three members of the senate, one of whom shall be the senate chairman of the joint committee on commerce and labor, one of whom shall be the senate chairman of the joint committee on public service and one of whom shall be appointed by the president of the senate, and seven persons one of whom shall be the president or his designee of the American Federation of State, County and Municipal Employees, one of whom shall be the president or his designee, of the National Association of Government Employees, one of whom shall be the director or his designee of the governor's office of employee relations, one of whom shall be the president or his designee of the Massachusetts Association of Corrections Officers, one of whom shall be the president or his designee of the Service Employees International Union, Local 509, and one of whom shall be the director of the Massachusetts board of conciliation and arbitration and one of whom shall be the commission of the public employee retirement administration for the purpose of determining whether or not to require that workers' compensation be a subject of mandatory collective bargaining between the commonwealth and its unionized employees. Said task force shall commence deliberations no later than September first, nineteen hundred and ninety-three. The task force shall report to the clerk of the house of representatives the results of its study and its recommendations, together with drafts of legislation, if necessary, to carry its recommendations into effect by filing the same with the clerk of the house of representatives on or before the first of December, nineteen hundred and ninety-three. SECTION 384. The commissioner of the department of labor and industries shall appoint a task force which shall report to the joint committee on commerce and labor by October first, nineteen hundred and ninety-three recommendations for appropriate changes Chap. 110 in the law to eliminate the need for suspension of the application or operation of any provision in chapter one hundred and forty-nine of the General Laws. The task force shall include the commissioner and six members to be appointed by the governor, one of whom represents education, two of whom represent employers of minors over the age of sixteen, one of whom represents the AFL-CIO, one of whom represents a child advocacy organization, and one of whom shall be a citizen representative. SECTION 385. Notwithstanding the provision of any general or special law to the contrary, there is hereby established a special commission for the purpose of studying the feasibility of mergers or acquisitions of one or more investor-owned electric utilities. The special commission shall consist of eleven members: the secretary of consumer affairs or his designee, the commissioner of the division of energy resources, the attorney general or his designee, three members of the senate appointed by the senate president, three members of the house of representatives appointed by the speaker of the house, and two members of the public appointed by the governor. The commission shall be co-chaired by the commissioner of the division of energy resources and the senate chairman on energy. The commission shall investigate and study the feasibility of mergers or acquisitions of one or more investor-owned electric utilities within the commonwealth by one or more other investor owned electric utilities servicing the commonwealth. The commission shall investigate and study the impact that such mergers or acquisitions would have on such matters as electric rates for all classes of rate payers within the contemplated service territory. The commission shall file with the clerks of the senate and house of representatives, and the department of public utilities, a final report of its findings and recommendations, with accompanying legislation, if any, no later than the first Tuesday in March, nineteen hundred and ninety-four. Upon filing of the report, the department of public utilities is directed to open a generic hearing to consider and implement the recommendations of the report as appropriate. SECTION 386. Commencing on July thirty-first, nineteen hundred and ninety-three, the supreme judicial court, appeals court and the trial court of the commonwealth shall provide the reports required by sections twenty-nine and thirty of chapter two hundred and eleven of the General Laws, sections eighteen and nineteen of chapter two hundred and eleven A of the General Laws, and sections twenty-one and twenty-two of chapter two hundred and eleven B of the General Laws. SECTION 387. The lottery commission is hereby authorized and directed to implement the game known as Keno. The commission shall make an investigation and study of the implementation of Keno and file a plan of implementation with the house and senate committees on ways and means by August sixteenth, nineteen hundred and ninety-three. Said commission shall implement Keno on October first, nineteen hundred and ninety-three. Said commission shall implement Keno so as to either include the participation of the charitable gaming licensees who conduct beano, so called, in the operation of Keno or if necessary, to develop a separate Keno game for use by such charitable gaming licensees exclusively. A license to operate the game known as Keno, upon the full implementation Chap. 110 of said game, shall be available to any licensee, licensed under section twelve of chapter one hundred and thirty-eight of the General Laws or under section twenty-seven of chapter ten of the General Laws, provided that such licensee does not owe a financial obligation to the commonwealth, and such licensee has not been convicted of a felony. A license to operate the game known as Keno shall not be issued to any person, business, corporation or other entity, except as provided for herein. Said commission shall submit to the house and senate committees on ways and means a progress report on the implementation of keno gaming on or before December first, nineteen hundred and ninety-three. SECTION 388. The department of public welfare (1) shall provide a cost estimate and a report to the joint committee on human service and elderly affairs detailing the families in transition program (FIT) established pursuant to section one B of chapter one hundred and eighteen of the General Laws, inserted by section one hundred and fifty-one of this act, no later than October fourth, nineteen hundred and ninety-three; (2) shall no later than October fourth, nineteen hundred and ninety-three seek any necessary federal waivers and assurance of federal financial participation from the federal department of health and human services to operate the FIT demonstration as set forth in said section one B; (3) shall implement to demonstration promptly, subject to appropriation and the grant of waivers and assurance of federal financial participates from the department of health and human services; and (4) shall provide reports to said joint committee on an annual basis following implementation containing program data sufficient to evaluate the effectiveness of the FIT demonstration to assist recipients of aid under this chapter to obtain and retain paid employment and child support and to support their families without cash assistance under this chapter. SECTION 389. The department of public welfare is hereby authorized and directed to apply for any waivers necessary under the Social Security Act, or other provisions of federal law, to implement the objectives and provisions of TEMP as set forth in section one A of chapter one hundred and eighteen of the General Laws, inserted by section one hundred and fifty-one of this act. The department shall implement this program on January first nineteen hundred and ninety four by establishing it in limited geographic areas, including not more than one urban area, and one suburban or rural area. The department is directed to submit by October fourth, nineteen hundred and ninety three a report to the joint committee on the human services and elderly affairs detailing the program as submitted for Federal approval and specifying the funding necessary to operate the program. SECTION 390. Except as otherwise provided in this act, the provisions of this act shall take effect as of July first, nineteen hundred and ninety-three. This bill was returned on July 19, 1993, by the Governor to the House of Representatives, the Branch in which said bill originated, with his objections in writing to the following items therein: Chap. 110 Items Disapproved: SECTION 2 0810-0045 1599-9010 2220-1000 3145-1000 8900-0007 Section 2B 1599-9500 SECTIONS 10,12, 21, 22, 30, 37,46,47,48, 52, 71, 72, 73, 74, 75, 78, 79, 87, 88, 90, 91, 93, 94, 95, 96, 97, 101, 109,115,118,119,120,132,133, 143,144, 145, 149, 150, 151, 152, 156, 162, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 182, 183, 184, 185, 186, 188, 190, 191, 192, 193, 194, 215, 216, 218, 219, 220, 229, 230, 231, 232, 241, 242, 250, 253, 262, 269, 275, 284, 288, 291, 294, 296, 299, 303, 318, 320, 326,329, 331, 333, 334, 337, 339, 343, 345, 347, 358, 369, 372, 373, 374, 378, 379, 383, 386, 388, 389 SECTION 2 Items Reduced Item Reduce by Reduce to Item Reduce by Reduce to 0612-1010 5,000,000 911,887,384 2440-0010 258,859 22,136,392 0699-1901 385,000 46,397,200 2440-6000 130,000 536,294 0699-1903 186,750 22,466,850 2444-9005 120,000 2,280,000 0699-3901 2,237,750 269,033,427 3222-9024 453,026 59,998,405 0699-3903 2,980,500 358,469,680 3322-8878 111,702 2,735,208 0699-6800 788,250 94,765,431 5911-1000 547,527 6,710,769 0699-6900 921,750 110,814,228 5920-8000 1,089,000 3,536,077 1101-2380 500,000 8,605,334 6005-0012 3,000,000 176,054,200 1102-3210 200,000 5,917,796 6005-0015 1,668,000 31,856,090 1102-3301 100,000 10,170,819 6006-0003 68,713 585,644 1108-1000 50,000 3,380,908 6010-0001 1,094,000 73,028,524 1108-1011 93,965 211,724 8100-0007 1,100,000 11,347,108 2050-0100 11,191 161,051 8314-1200 4,000,000 4,500,000 2100-2000 140,000 7,470,821 8900-0001 500,000 213,483,712 2100-3000 472,000 9,894,852 8900-0002 291,865 4,381,351 2410-1000 60,437 1,148,308 8910-0000 5,350,000 182,516,919 2410-1001 50,000 50,000 9230-0150 193,015 1,546,008 Chap. 110 SECTION 2 Items reduced in amount and by striking the wording Item Reduce by Reduce to Wording stricken 1231-0100 200,000 4,998,486 "provided, that the department shall file quart- erly reports with the house and senate committees on ways and means, detailing those cities, towns, and districts receiving services including the cost and nature of said services;" 4408-1000 12,300,000 88,385,992 "to otherwise eligible participants in the vocational rehabilitation program of the Massachusetts rehabilitation commission, to otherwise eligible students under age twenty-one who are regularly attending full time a grade, high school, technical or vocational school not beyond the secondary level" and "provided further, that in initially implementing the program for the fiscal year, the department shall include all eligibility categories permitted herein at the payment standard in effect for the former general relief program in fiscal year nineteen hundred ninety-one;" and "thirty days" and "provided further, that said report shall contain detailed information concerning the current and proposed operation of the program, including categories of eligibility, number of eligible persons in each category, demographic information regarding said persons, services rendered to said persons, direct service costs, administrative costs, and an explanation of the Chap. 110 need for proposed changes in eligibility requirements or benefit levels or both;" 4510-0600 162,111 2,623,301 "including the payment of fringe and indirect costs for employees compensated under this program," 7052-0006 35,000 540,000 ";provided, that thirty-five thousand dollars of the amount appropriated herein shall be expended for a portion of the costs to be incurred by the town of Belchertown for architectural plans and drawings to be prepared for a school building project in the town; and provided further, that this thirty-five thousand dollars shall be considered an advance payment of the reimbursement the town receives from the commonwealth for said building project under the provisions of chapter six hundred forty-five of the acts of nineteen hundred forty-eight" 8900-0015 1,513,173 880,966 "provided further, that the remaining appropriation shall be made available to contracted residential services currently accredited by the American Correction Association, and that such contracted residential services are utilized to maximum capacity;" SECTION 2 Items reduced in amount and by striking the wording and inserting in place thereof the following Item Reduce by Reduce to Wording stricken 4800-1111 15,800,000 9,200,000 Wording stricken "for the purposes of the foster care program and subject to the provisions of item 4800-0030 of section 2 of this act may expend an amount not to exceed twenty-two million, two hundred thousand dollars from federal revenues collected pursuant to the provisions of Chap. 110 Title IV-a and Title XIX of the social security act;" Wording inserted "for the purposes of the foster care program and subject to the provisions of item 4800-0030 of section two of this act may expend an amount not to exceed six million, four hundred thousand dollars from federal revenues collected pursuant to the provisions of Title IV-A and Title XIX of the Social Security Act;" 7070-0065 3,000,000 58,000,000 Wording Stricken "provided further, that of the sum appropriated herein, not less than four million dollars shall be obligated for the purposes of the Massachusetts plan," Wording Inserted "provided further, that of the sum appropriated herein, not less than one million dollars shall be obligated for the purposes of the Massachusetts Plan," SECTION 1 Wording disapproved "No department, commission, agency or institution which is authorized by section two to retain and expend specified amounts of certain revenue for particular purposes may expend any amount of such retained revenue for the compensation of employees unless said section two specifically provides otherwise." SECTION 2 Wording disapproved 0640-0010 "; provided further, that the funds made available herein shall be the only funds made available for advertising lottey games; and provided further, that no non-appropriated funds shall be expended for the purposes of advertising Chap. 110 lottery games" 1201-0100 "provided further, that the department is hereby authorized and directed to redeploy existing personnel so as to maintain a staffing level at the western Massachusetts regional office equal to the staffing level in place as of January first nineteen hundred ninety-one;" and ': provided further, that the department shall maintain regional offices in Pittsfield, Brockton, and Hyannis for the purposes of tax collection, taxpayer assistance, small business seminars, and auditing; provided further that a minimum of four hundred twenty-five positions be allocated exclusively to auditing and verifying the correctness of returns filed, including a minimum of ninety multi-state auditors and two hundred seventy field auditors" 4000-0210 "which are attributable to services provided to clients within protective or supportive day care programs, so-called;" 4202-0001 "thirty days" 4202-0002 "thirty days" 4202-0003 "thirty days" 4202-0004 "thirty days" 4202-0005 "thirty days" 4202-0006 "thirty days" 4800-0041 "provided further, that the group care daily rate paid for subsidies in fiscal year nineteen hundred-ninety-four shall be equal to the daily rate paid in fiscal year nineteen hundred ninety-three;" 5011-0200 "provided, that funds appropriated herein shall only be expended pursuant to the provisions of section thirty-seven of this act;" 5930-1000 "provided further, that notwithstanding the provisions of any general or special law to the contrary, the division of capital planning and operations shall continue to provide uninterrupted sewerage service to residents of the Chap. 110 town of Belchertown who are currently attached to the sewerage system of Belchertown state school; provided further, that said division shall not increase the town's current financial obligation to the operation of the sewerage treatment plant before June thirtieth, nineteen hundred ninety-four;" 8000-0500 "provided, that notwithstanding the provision of any general or special law to the contrary the architectural board is hereby authorized and directed to charge one hundred twenty-five dollars for variance hearings conducted by the board; and" 8400-0001 "provided however, that no funds from this item shall be spent for any change to the existing system for immediate issuance of permanent motor vehicle operators licenses; and" 8900-0003 "provided further, that all inmates incarcerated at the Norfolk county jail and house of corrections shall be deemed to be incarcerated within a correctional facility located in the town of Dedham; and" 9000-2102 "Provided further, that if the total federal grants awarded to applicants exceeds two million dollars, each award under the partnering program shall be reduced proportionately;" SECTION 2 The words "including not more than Xpositions", where X stands for the number of positions stated in the respective items are disapproved in the following items. 0332-3900 0528-0100 1104-1091 2520-0100 3143-2027 3143-3036 3747-0001 SECTION 2 The words "including not more than Xpositions", where X stands for the number of positions stated in the respective items are disapproved in the following items: 0320-0003 0330-2000 0331-2400 0331-3300 0332-1600 0332-2600 0320-0010 0330-2205 0331-2500 0331-3400 0332-1700 0330-2700 0321-0001 0330-3200 0331-2600 0331-3500 0332-1800 0332-2800 0321-0100 0330-3700 0331-2700 0332-0100 0332-1900 0332-2900 0321-1500 0331-0100 0331-2800 0332-1100 0332-2000 0332-3000 0321-2000 0331-0600 0331-2900 0332-1200 0332-2100 0332-3100 0322-0100 0331-2100 0331-3000 0332-1300 0332-2300 0332-3200 0330-0100 0331-2200 0331-3100 0332-1400 0332-2400 0332-3300 0330-0300 0331-2300 0331-3200 0332-1500 0332-2500 0332-3400 0 o o o o o o LO LO LO LO LO LO LO LO LO LO LO LO LO LO to to to to to to to 1 I I I I I I -o -j -o. -j -o. -j o\ Ul * U Mm O IO o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o LO LO LO LO LO LO LO u> LO lo u> u> u> L0 lo LO lo LO lo LO LO lo LO lo LO LO LO LO LO LO LO lo lo LO to to to to to to to to to to to to to to to to to 6\ OS Os OS OS Os Os Os OS LA u> LA LA la LA la la 00 -o o\ LA -t- LO to H— o SO 00 -4 Os LA *. lo to o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o oooooooooooooooo L0L0L0L0L0L0L0L0L0L0L0L0L0L0L0L0 LOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLO totototototototototototototototo I I I I I I I I I I I I I I I I HO*ooo-jauiAUMHOoo>jo\i« oooooooooooooooo oooooooooooooooo I oooooooooooooooooooooooooooooooooooooooo ^^^^LOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLO oooovo^sis|vivjvio\c\o\^a\o\ui«uuuuuuMuwoiuuuwuuuioNioKi o o o o tOi— OOOOOOOOOOOOOh-h-k-m H-0-U.LOtOH-OLA-b.LOtOH-OOO-b-LOtOH-SOLOLOOOOOOOOOOOOOOOOOOOO*-Uil-nOOOK-oOOOtOOOOOOtO^ — OOO"- OOOOOOOOOOOOOOOOOOOOOOO ooooooooooooooooooooooo I I I I I I I I I I I I I I I I I I I I I I I H-H-H-H-H-H-H-H-000000000000000 k-h-h-h-OOOOSO\osov£)00000000-0-j~j~JOsOsOs sololoosololoosololoosololoosololoosololo LALAOOLALAOOLalaOOLALaOOLALAOOLALaO o o o O o o o o o o O o O o o O o lo lo U) LO lo lo u> lo LO LO LO LO LO LO LO LO LO ¦b. -t» j^ -tx -u -U *. *. ¦b *. ¦b. ¦b. ¦b ¦b ¦u ¦b ¦b o p o o p o o o o o O O o o o o o *. LO LO LO LO to to to to O SO LO lo o SO lo LO o SO LO LO o so LO LO o o LA LA o o LA LA o o LA LA O o LA LA O o .— >— k-h-h-h-h-h-h-OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO H-">—'^-k-hjh-h-h-OSOSOS00000000000000000000000-O-~4OsOSOsOSOSLALALALALALALALALAL0 OOOOOOOOOtOK-OJ^.^-'—H-H-"-'-' — '— I— l— MMAJiWMMMMMMMM^MM* 4i.tOtOH-H-oOOOOOOOOOOOOOOOOOOOOOOtOOOs*.^~4i— i— *-*-*- o I I I H-LOLOtOtOLAH-K-OOOOOi—OOOOOOOOOOOOOOOOOOOOOOOOOtO OLOtOLOl— LAH-I—'©LOtOl—'b-O^WIOOOOOOOh- OLOOOh-Oi—'OOOtOtOtOtOO*-OO^-00OOOOOOOOOL0S0L0O*>L0L0t0H-OOOOOOOOOOOO0SLAL0OOO Oi— OOOOL0OH-OOOO"-S000K-LfiLAK-^— Ji.000000000000000000 totototototototototototototototototototototOK-H-H-^- Ln-b-b-bLOLOLOLOLOLOLOLOLOtOtOtOtO»-0000-bLOtOtO — OstO<— LALALOtOMH- h- O O Os tO tO I— O OS LA tO O ¦— — LOO ?-OOOOOOOLAOOOOOOOOOOOOOOO*-*- LAtO — OOOOOOOOOOO ooooooooooooooooo-j-o-b-b Oh- i— >— OOOOOOOOO00tOH-©OOOOOOH-o©LA.£1.>-'0sLA.t».L0tO»— _ totOOsOs h- o -b O " >—.H-H-H-LAtOH-H-OOtOOH-OH-H-H-H-OOH-h— i—'OOn-H-OOLAOOLA-bOsOs OOOOOOOOOOOOO-JOOOOOOOOh-oOOsOOOOOh-OOh-oOOOO OOOOh-OOOOOOh-.OOLAOOLtiOOOOOOOOOLAOOOOOO"-000-0>— -J LALA^.tOtOtOH-H-1—»H-K-H-K-H-H-H-h-tH-H-H-l—'H-H-H-H-H-H-H-H-OOO'*'* --- .-.-.-.- I—¦ h— 0<*><>JOSOSOOOOOLOLOLOtOtOtOtOtOtOH-H-H-H-H-000©0000 OOOOOvjoOOOOOOOLAOOOOOOOOOOOOOOOOOO • ¦ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i— i—>»-* OOOOOOOOOOsLA-bLOH-.btO>—'i— OOOOOOOO h-h-h-h-oOOh-OOOOOOOOOOOOO--'' OOOOOOOOOOOOOOtOOOLA" K-OLAtOn-OOOOOOOOOO" O O _ OS — O O O O OOOOh-h-o _ OOOOOOh-O _ _ O O LO i_> _. J^LOtOh—OSOO OOOOOOOO to to to to to to I I SO SO o o to o -b LA O LA LA LA LA o o — — "- — O O 00 LA H- H- O O H- *- .b LO to i— o o o o o o o o o o o o o o o o Chap. 110 4510-0710 5055-0000 7113-0100 7518-0100 8600-0001 9210-0001 4510-0750 5095-0000 7114-0100 8000-0000 8700-0001 9212-0001 4512-0103 5911-1000 7115-0100 8000-0020 8800-0001 9215-0001 4512-0200 5911-2000 7116-0100 8000-0105 8800-0100 9218-0100 4512-0500 5920-1000 7117-0100 8000-0110 8850-0015 9221-1000 4513-1000 5920-2000 7118-0100 8000-0160 8900-0001 9221-1100 4513-1002 5920-8000 7220-0004 8000-0161 8900-0002 9222-0100 4513-1005 5930-1000 7502-0100 8000-0500 8900-0004 9230-0001 4516-1000 6000-0100 7503-0100 8100-0000 8900-0009 9230-0150 4518-0100 6006-0003 7504-0100 8100-0100 8900-0015 9270-0001 4540-0900 6010-0001 7505-0100 8100-0200 8950-0001 9272-0001 4600-1000 6020-2505 7506-0100 8200-0200 8950-0002 9275-0600 4600-1050 7000-9101 7507-0100 8311-1000 9000-0100 9400-0100 4800-0015 7005-0001 7508-0100 8312-1000 9000-1801 9411-0100 4800-0025 7010-0005 7509-0100 8314-1000 9000-1900 9412-0100 4800-0050 7028-0031 7510-0100 8314-1100 9000-2000 9415-0100 4800-0150 7066-0000 7511-0100 8314-1300 9000-2200 9420-0100 4800-1100 7070-0031 7512-0100 8315-1000 9095-0003 9421-0100 5011-0100 7100-0200 7514-0100 8350-0100 9095-0004 9430-0100 5042-5000 7109-0100 7515-0100 8400-0001 9110-0100 9440-0200 5046-0000 7110-0100 7516-0100 8400-0100 9200-0100 5051-0100 7112-0100 SECTION 2 The words "; provided that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed X dollars" where X stands for the dollar amount in the respective items are disapproved in the following items: 0320-0001 0331-0100 0332-2100 0332-3500 0332-4800 0332-6100 0320-0003 0331-0600 0332-2300 0332-3600 0332-4900 0332-6200 0320-0010 0332-0100 0332-2400 0332-3700 0332-5000 0332-6300 0321-0001 0332-1100 0332-2500 0332-3800 0332-5100 0332-6400 0321-0100 0332-1200 0332-2600 0332-3900 0332-5200 0332-6500 0321-2000 0332-1300 0332-2700 0332-4000 0332-5300 0332-6600 0322-0100 0332-1400 0332-2800 0332-4100 0332-5400 0332-6700 0330-0100 0332-1500 0332-2900 0332-4200 0332-5500 0332-6800 0330-0300 0332-1600 0332-3000 0332-4300 0332-5600 0332-6900 0330-2000 0332-1700 0332-3100 0332-4400 0332-5700 0332-7000 0330-2205 0332-1800 0332-3200 0332-4500 0332-5800 0332-7100 0330-3200 0332-1900 0332-3300 0332-4600 0332-5900 0332-7200 0330-3700 0332-2000 0332-3400 0332-4700 0332-6000 0332-7300 Chap. 110 0332-7400 0333-1400 1310-1000 4510-0750 7504-0100 8600-0001 0332-7500 0334-0001 2210-0100 4516-1000 7505-0100 8850-0001 0332-7600 0335-0001 2220-1000 4518-0100 7506-0100 8850-0015 0332-7700 0336-0002 2260-8870 4600-1000 7507-0100 8900-0009 0332-7800 0336-0100 2300-0100 4600-1050 7508-0100 9000-0100 0332-7900 0336-0200 2310-0500 5920-1000 7509-0100 9000-2200 0333-0002 0336-0300 2315-0100 6006-0003 7510-0100 9095-0003 0333-0100 0336-0400 2350-0101 6020-2505 7511-0100 9095-0004 0333-0200 0336-0500 2440-4500 7000-9101 7512-0100 9210-0001 0333-0300 0337-0002 2511-0100 7005-0001 7514-0100 9212-0001 0333-0400 0337-0100 2511-3000 7070-0065 7515-0100 9215-0001 0333-0500 0337-0200 2515-1000 7109-0100 7516-0100 9218-0100 0333-0600 0337-0300 3747-0001 7110-0100 7518-0100 9221-1000 0333-0700 0337-0400 4000-0190 7112-0100 8000-0000 9230-0150 0333-0800 0339-1001 4100-0010 7113-0100 8000-0105 9272-0001 0333-0900 0339-2100 4100-0020 7114-0100 8000-0160 9400-0100 0333-0911 0900-0100 4100-0030 7115-0100 8000-0161 9411-0100 0333-1000 0910-0200 4100-0040 7116-0100 8100-0100 9420-0100 0333-1100 0920-0300 4110-0001 7117-0100 8100-0200 9421-0100 0333-1111 1102-3210 4110-1020 7118-0100 8100-0300 9430-0100 0333-1200 1108-2500 4180-0101 7502-0100 8311-1000 0333-1300 1108-6100 4190-0101 7503-0100 8350-0100 SECTION 2 The words "; provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs founded herein shall not exceed X dollars" where X stands for the dollar amount stated in the respective items are disapproved in the following items: 0321-1500 2050-0100 2300-0101 2518-1000 9200-0100 9412-0100 0640-0300 2060-0100 2310-0200 4100-0050 9210-0001 9415-0100 1108-1011 2100-3010 2320-0100 7119-0100 9212-0001 9440-0200 1108-5100 2100-3011 2330-0100 7519-0100 9230-0001 2020-0100 2200-0100 2410-1000 9000-2000 9230-0150 SECTION 2 The words";and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed X dollars" where X stands for the dollar amount stated in the respective items are disapproved in the following items: 0331-2100 0331-2300 0331-2500 0331-2700 0331-2900 0331-3100 0331-2200 0331-2400 0331-2600 0331-2800 0331-3000 0331-3200 Chap. 110 0331-3300 1120-4005 4120-3000 4512-0500 5920-8000 8314-1300 0331-3400 1150-5100 4120-4000 4513-1000 5930-1000 8315-1000 0331-3500 1201-0160 4120-5000 4513-1002 6000-0100 8400-0001 0612-0100 1231-0100 4120-6000 4513-1005 6010-0001 8400-0100 0630-0000 1410-0010 4125-0100 4580-1000 7010-0005 8700-0001 0640-0000 2000-0100 4130-0001 4800-0025 7028-0031 8800-0001 1000-0001 2100-0005 4130-0002 4800-0050 7066-0000 8800-0100 1100-1100 2350-0100 4130-0005 4800-0150 7070-0031 8900-0001 1100-1103 2420-1400 4180-0100 4800-1100 7100-0200 8900-0002 1100-5500 2440-5000 4190-0100 5011-0100 8000-0020 8900-0004 1101-2100 2440-6000 4200-0010 5011-0200 8000-0110 8900-0010 1101-2380 2460-1000 4237-1010 5042-5000 8000-0500 8900-0015 1102-3301 2511-4000 4238-1000 5046-0000 8100-0000 8950-0001 1104-1000 4000-0100 4400-1000 5051-0000 8100-0006 8950-0002 1107-2400 4000-0300 4510-0100 5055-0000 8100-0007 9000-1801 1107-2500 4110-1000 4510-0600 5095-0000 8200-0200 9110-0100 1108-1000 4110-2000 4510-0710 5911-1000 8312-1000 9222-0100 1108-3000 4110-4000 4512-0103 5911-2000 8314-1000 9230-0001 1108-4010 4120-1000 4512-0200 5920-2000 8314-1100 9270-0001 1110-1000 SECTION 2 The words "; and provided further, that the expenditures made from the AA subsidiary, so called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed Xdollars, including not more that Y positions, not including short term seasonal employees" where X stands for the dollar amount stated in the respective items and Y stands for the number of positions stated in the item are disapproved in the following item: 1201-0100 SECTION 2 The words "; provided, that the expenditures made from the AA subsidiary, so-called of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed X dollars, including not more than Y positions, not including year round seasonals" where X stands for the dollar amount stated in the respective items and Y stands for the number of positions stated in the item are disapproved in the following items: 2100-1000 Chap. 110 SECTION 2 The words "; and provided further, that the expenditures made from the AA subsidiary, so-called of this item for the personnel costs associated with the purposes of the programs funded herein shallnot exceedXdollars, including not more than Y positions, not including year round seasonals" where X stands for the dollar amount stated in the respective items and Y stands for the number of positions stated in the item are disapproved in the following items: 2100-2000 2100-3000 2440-0010 SECTION 2 The words "; and provided further, that expenditures made from the AA subsidiary, so-called, of this item 4590-0900 of section two of this act, for the personnel costs associated with the purposes of the programs funded herein shall not exceed X dollars", where X stands for the dollar amount stated in the item are disapproved in the following item: 4540-0900 SECTION 2 The words "; and provided further, that expenditures made from the AA subsidiary, so-called, of this item 4540-0900 for the personnel costs associated with the purposes of the programs funded herein shall not exceed X dollars ", where X stands for the dollar amount stated in the item are disapproved in the following item: 4590-0900 SECTION 2 The words"; provided that the expenditures made from the AA subsidiary, so-called, of this item and item 4800-0015 of section two of this act for the personnel costs associated with the purposes of the programs funded herein shall not exceed X dollars", where X stands for the dollar amount stated in the item are disapproved in the following item: 4800-0000 SECTION 2 The words "; and provided further, that expenditures made from the AA subsidiary, so-called, of this item 4800-0000 for the personnel costs associated with the purposes of the programs funded herein shall not exceed X dollars", where X stands for the dollar amount stated in the item are disapproved in the following item: 4800-0015 Chap. 110 SECTION 2 The words "; provided that no contract or contract amendment shall be authorized in the fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts Management Accounting and Reporting System, so-called" are disapproved in the following item: 5920-6000 SECTION 2 The words "; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called" are disapproved in the following items: 1410-0010 4125-0100 4202-0003 4238-1000 5051-0100 5920-5000 4120-3000 4180-0100 4202-0004 4800-0150 5055-0000 7010-0005 4120-4000 4190-0100 4202-0005 5011-0100 5911-1000 8950-0001 4120-5000 4202-0001 4202-0006 5046-0000 5920-3000 9400-1100 4120-6000 4202-0002 4237-1010 SECTION 2 The words "; provided, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called" are disapproved in the following items: 1410-0013 5046-1000 5046-3000 7000-9406 7030-1500 7035-0002 4200-1111 SECTION 2 The words "; provided that, notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the Chap. 110 amount made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called" are disapproved in the following item: 4110-2000 SECTION 2 The words "; provided that, notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without farther appropriation for said purpose; provided farther, that no contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called" are disapproved in the following items: 9000-2100 9000-2101 SECTION 2 The words "; provided further, that, notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called of this item, without farther appropriation for said purpose; provided farther, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called" are disapproved in the following items: 0321-1500 4000-0210 4120-2000 4512-0225 7028-0031 9110-1633 1410-0012 4000-0230 4401-1000 4513-1000 7028-0302 9110-1660 1410-0100 4000-0300 4405-2000 4530-9000 9110-1603 9110-1900 1410-2500 4110-1000 4406-3000 4800-1200 9110-1630 9400-1700 4000-0200 4110-3010 4500-1010 SECTION 2 The words "; provided farther, that, notwithstanding the provisions of any general or special law to the contrary, no farther rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without farther appropriation for said purpose; and provided farther, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amount made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called" are disapproved in the following item: Chap. 110 7061-0012 SECTION 2 The words "; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called of this item, without further appropriation for said purpose; provided further, that no contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called" are disapproved in the following items: 0640-0300 9000-1820 9000-1900 9000-1920 9081-7011 SECTION 2 The words "; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called" are disapproved in the following items: 1101-2100 9000-1801 SECTION 2 The words "; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called" are disapproved in the following items: 1107-2500 2100-0005 2100-2000 4000-0100 7070-0031 7100-0200 SECTION 2 The words "; provided further, that, notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item, without further appropriation for said purpose; and provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost Chap. 110 exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called" are disapproved in the following items: 4000-0310 4403-2100 4590-0300 6006-0003 SECTION 2 The words "; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called of this item, without further appropriation for said purpose; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called" are disapproved in the following items: 3100-0200 4512-0103 4516-1000 4800-0017 5011-0200 5920-8000 3143-2027 4512-0200 4540-0900 4800-0020 5042-5000 5930-1000 3143-3036 4512-0500 4570-1500 4800-0030 5095-0000 8800-0001 4200-0010 4513-1002 4590-0900 4800-0041 5911-2000 8900-0004 4400-1000 4513-1005 4800-0016 4800-1400 5920-2000 8900-0015 4510-0110 SECTION 2 The words"; provided further, that expenditures made from the MM subsidiary, so-called of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed X dollars" where X stands for the dollar amount stated in the respective items, are disapproved in the following items: 4200-0010 4202-0006 4512-0225 4530-9000 4800-0030 5920-2000 4202-0001 4237-1010 4512-0500 4570-1500 4800-1200 5920-6000 4202-0002 4238-1000 4513-1000 4590-0300 4800-1400 5920-8000 4202-0003 4500-1010 4513-1002 4800-0016 4800-1450 5930-1000 4202-0004 4512-0103 4513-1005 4800-0017 5911-1000 8900-0004 4202-0005 4512-0200 4516-1000 4800-0020 5911-2000 SECTION 2 The words "; and provided further, that expenditures made from the MM subsidiary, so-called of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed X dollars" where X stands for the dollar amount stated in the respective items, are disapproved in the following items: 4510-0110 5920-3000 5920-3000 Chap. 110 SECTION 2 The words "; provided further, that expenditures made from the MM subsidiary, so-called, of this item and item 4590-0900 for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed X dollars" where X stands for the dollar amount stated in the respective items, are disapproved in the following item: 4540-0900 SECTION 2 The words "; provided further, that expenditures made from the MM subsidiary, so-called, of this item and item 4540-0900 for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed X dollars" where X stands for the dollar amount stated in the respective items, are disapproved in the following item: 4590-0900 SECTION 2 The words "; provided further, that expenditures made from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed X dollars" where X stands for the dollar amount stated in the respective items, are disapproved in the following item: 4800-0041 SECTION 2 The words "; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called of this item, without further appropriation for said purpose; provided further, that expenditures made from the MM subsidiary, so-called of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed X dollars; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called" where X stands for the dollar amount stated in the respective items, are disapproved in the following item: 4800-1111 Pursuant to Article 56 of the amendments to the Constitution, Sections 86 and 105, the Governor sent a separate letter to the Senate and the House of Representatives setting forth recommended amendments. Chap. 110 The remainder of the bill was approved by the Governor on July 19, 1993 at 11 o'clock and two minutes, AM. The objections of the Governor notwithstanding and in the manner prescribed by the Constitution, on July 26, 1993, the House of Representatives and the Senate in concurrence passed the following items: SECTION 2 4408-1000, 8900-0007, 8900-0015 8910-0000 The objections of the Governor notwithstanding and in the manner prescribed by the Constitution, on September 27, 1993, the House of Representatives and the Senate in concurrence passed the following item: SECTION 2 0810-0045 The objections of the Governor notwithstanding and in the manner prescribed by the Constitution, on September 29, 1993, the House of Representatives and on December 14, 1993, the Senate in concurrence passed the following section: SECTION 320 The objections of the Governor notwithstanding and in the manner prescribed by the Constitution, on October 4,1993, the House of Representatives and on December 14, 1993, the Senate in concurrence passed the following item and section: SECTION 2 1108-1011 The objections of the Governor notwithstanding and in the manner prescribed by the Constitution, on January 4, 1994, the House of Representatives and the Senate in concurrence passed the following section: SECTION 192